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.

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.