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Foy v. State
26 Ga. App. 205
Ga. Ct. App.
1921
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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.

Case Details

Case Name: Foy v. State
Court Name: Court of Appeals of Georgia
Date Published: Jan 25, 1921
Citation: 26 Ga. App. 205
Docket Number: 11970
Court Abbreviation: Ga. Ct. App.
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