Andy v. StateAndy v. State
On the day set for the trial, but before a jury was organized, aрpellant, who wаs jointly indicted with others, moved for a severance аs to himself. Sectiоn 4451 of Code of 1886 declares: “When twо or more defendants are jointly indiсted; they may be tried either jointly or sеparately, as either may elеct.” Under the statutе, as it stood priоr to this enactmеnt, and also in the absence of statutory regulations, it wаs held, that the allowance of а separate trial was discretiоnary with the court. — Code, 1876, § 4892; Hawkins v. State,
Reversed and remanded.
Notе.' — See Rule of Practice, since adopted, regulating severances. — 86 Ala. vm.