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Brandon v. State

The trial court should not have charged that the jury did not have to believe incredible, impossible or inherently improbable testimony, since defendant's claimed alibi was not impossible as running contrary to the physical laws of the universe.

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Charles Brandon appeals his conviction and sentence for burglary, theft by taking and entering an automobile with intent to commit theft or a felony. In addition to raising the general grounds, he asserts the trial court erred by giving two improper jury charges, and he claims ineffective assistance of counsel.

Construed in favor of the verdict the evidence shows that at about 2:20 a.m. one morning, Officer Joseph Pobalis of the Richmond County Sheriff’s Department was dispatched to check out strange noises coming from a landfill. Shortly after entering one gate of the landfill, Pobalis saw a truck crash through a second gate and come toward him. Pobalis got a good look at the driver’s face from a distance of about ten feet. Dragging behind the truck on a chain was a large safe. After the truck passed, Pobalis saw a second man on the property near the landfill buildings, and he began chasing him on foot through the landfill onto neighboring private property where he saw the man attempt to hide underneath a car. Pobalis never lost sight of the man and he apprehended him beside the car. The man Pobalis captured was Charles Brandon, the defendant. Brandon was muddy, acting nervous and out of breath.

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