Thomas M. Giesberg, Appellant v. the State of Texas

Summary

The Court affirmed the Court of Appeals, holding that a defendant is not entitled to a special jury instruction on alibi when the evidence raises the issue because alibi merely negates an element of the State's case and is not a statutory defense. The majority reasoned that the Texas Penal Code does not enumerate alibi as a defense or affirmative defense, and a separate instruction would constitute an improper comment on the weight of the evidence. Two dissenting opinions argued that alibi is a recognized defense that warrants instruction when evidence raises the issue.