
    Sharpe v. The State.
    No. 1320.
    October 14, 1919.
    Indictment for rape. Before Judge Thomas. Thomas superior court. January 17, 1919.
    
      B. B. Earle and Leb. Dekle, for plaintiff in error.
    
      Clifford Walker, attorney-general, Clifford E. Hay, solidtor-general, and M. C. Bennet, contra.
   Hill, J.

1. There was evidence submitted by the accused on the trial, which, if credible, was sufficient to sustain his defense of alibi; and the court erred in failing, without request, to instruct the jury on the law of that subject.

2. The other grounds of the motion for a new trial do not require a reversal. Judgment reversed.

All the Justices concur, except

Beck, P. J., George, J.,

dissenting. Alibi as a defense involves the impossibility of the defendant having been at the scene of the crime at the time of its commission; and the range of the evidence in this case is not such as to involve that defense, or to require a charge thereon.  