BOYD v. STATE

66249.

167 Ga. App. 799 (1983)

307 S.E.2d 725

BOYD v. THE STATE.

Court of Appeals of Georgia.

Decided September 8, 1983.


Attorney(s) appearing for the Case

J. Richard Edwards, for appellant.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, Benjamin H. Oehlert III, A. Thomas Jones, Assistant District Attorneys, for appellee.


POPE, Judge.

Appellant Boyd was convicted of burglary and rape. His sole enumeration of error is that the trial court erred in charging the jury on alibi. Appellant contends that the evidence was not sufficient to support a charge on alibi, and that the charge thus constituted harmful error. OCGA § 16-3-40 (Code Ann. § 38-122) provides: "The defense of alibi involves the impossibility of the accused's presence at the scene of the offense at the time of its...

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