Foy v. State

105 S.E. 657, 26 Ga. App. 205, 1921 Ga. App. LEXIS 69
Court of Appeals of Georgia·Decided January 25, 1921·No. 11970·Published·Cited by 1 cases

Opinion

Broyles, C. J.

1. “ The evidence in support of the defense of alibi was not of such clear and strong probative value as to require a charge upon the law of alibi, especially in the absence of a timely and appropriate written request therefor. ” Throckmorton v. State, 23 Ga. App. 112 (3) (97 S. E. 664); Gadlin v. State, 13 Ga. App. 660 (79 S. E. 751).

2! The evidence was sufficient to authorize a finding that it excluded every reasonable hypothesis save that of the defendant’s guilt, and the court did not err in refusing to grant a new trial.

Judgment affirmed.

Lulce and Bloodworth, JJ., eonour.

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Foy v. State, 105 S.E. 657, 26 Ga. App. 205, 1921 Ga. App. LEXIS 69 (Ga. Ct. App. 1921).

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150 S.E. 431 (Court of Appeals of Georgia, 1929)