Court of Appeals of Maryland January 10, 1985, 82, September Term, 1983 (Smith v. State)

ELDRIDGE, Judge.

The issue in this case is whether the trial court erred in denying the petitioner’s request to have the jury instructed on alibi after the petitioner testified at trial that he “was in Texas at the time the crimes were committed” in Maryland. We hold that the trial court’s refusal to instruct the jury on alibi constituted error, and we therefore reverse.