The defense of alibi involves the impossibility of the accused’s presence at the scene of the offense at the time of its commission. The range of the evidence in respect to time and place must be such as reasonably to exclude the possibility of presence.
History. Penal Code 1895, § 992; Penal Code 1910, § 1018; Code 1933, § 38-122.
Law reviews.
For comment on Parham v. State, 120 Ga. App. 723 , 171 S.E.2d 911 (1969) and the rejection of charge that defendant must prove alibi to the satisfaction of the jury, see 21 Mercer L. Rev. 511 (1970).
For note discussing Smith v. Smith, 454 F.2d 572 (5th Cir. 1971), rehearing and rehearing en banc denied February 1, 1972, see 23 Mercer L. Rev. 977 (1972).
For comment on Bassett v. Smith, 464 F.2d 347 (5th Cir. 1972), refusing to apply decision holding Georgia’s alibi instruction unconstitutional retroactively, see 9 Ga. St. B. J. 500 (1973).