State v. Deffebaugh

A police informant bought cocaine from a man she later identified from a photo array as Charles Deffebaugh, Jr. (defendant), though another man, Calvin Shobe, had also been present at the exchange. At Deffebaugh's trial for selling cocaine, the defense called Shobe to testify simply that Deffebaugh had not been present during the sale; the prosecution objected that Deffebaugh had failed to give notice of an alibi defense, and the trial court excluded Shobe's testimony on that basis. The jury convicted Deffebaugh, the court of appeals reversed, and the State (plaintiff) sought review.