Bobby Edward Bolin v. State of Tennessee

Summary

The Tennessee Supreme Court affirmed Bobby Edward Bolin's robbery conviction and five-year sentence, rejecting all seven assignments of error. The court held that the jury verdict accredits the State's proof, that the defendant had no right to production of the victim's pretrial statement (which was neither suppressed nor material), that no lesser-included-offense charge was required absent evidence supporting assault and battery, that the customary alibi instruction does not violate Article VI, Section 9 of the Tennessee Constitution, that the indictment's alias was proper and any misnomer objection waived, that the prosecutor's 'chicanery' remark showed no reversible prejudice, and that the two-day pre-magistrate detention satisfied the fundamental-fairness test of due process under the Fourteenth Amendment. On rehearing, the court denied the petition, holding that a trial judge's mid-trial oral remarks on prior inconsistent statements need not be submitted to the jury in writing.