343 S.W.2d 787 | Ark. | 1961
Appellant, Herbert Finley, Jr., was charged jointly with Arthur Hinton with the crime of Murder in the Second Degree, the Information alleging that they murdered J. C. Meeks on July 2,1960, by stabbing him to death. On September 27, 1960 (the date of the trial), Finley filed a motion asking that he be granted a severance and a separate trial. The motion was denied by the court, and the case tried. The jury found Finley guilty of the crime of Voluntary Manslaughter, and fixed his punishment at seven years imprisonment. From the judgment so entered, appellant brings this appeal. In his Motion for New Trial, appellant raises four assignments of error, the first three relating to the sufficiency of the evidence, and the fourth alleging error by the court in refusing to grant the Motion for Severance.
The testimony reflected that on the night of July 2, 1960, appellant, Hinton, Meeks, and others, were engaged in “shooting craps” in the colored restroom of the Last Chance Cafe near El Dorado. Meeks was rolling the dice, and an argument ensued between him and Hinton as to whether Meeks had “made his point.” Hinton picked up the money, and Meeks got out a knife. Appellant then entered into the argument on behalf of Hinton, and, according to Mose Turner, “I said, ‘J. C., they have a knife open for you,’ and they
Arkansas Statutes (1947) Anno., Section 43-1802, provides, inter alia, that defendants charged with a felony less than capital, may be tried jointly or separately, in the discretion of the trial court, and we have held that the action of the court will not be disturbed unless it appears that there was an abuse of discretion. Nolan and Guthrie v. State, 205 Ark. 103, 167 S. W. 2d 503. Counsel for appellant does not specify wherein the court abused its discretion in refusing to grant a severance, and we find no evidence in the record to indicate that appellant was prejudiced by the refusal of the trial court to grant the motion. We hold this assignment to be without merit.
Finding no reversible error, the judgment is affirmed.
“They” refers to the others standing around the “crap game”.. According to Turner: “I was in the door and they were trying to get. out.”
Apparently Finley was using a knife that had been earlier taken, from Meeks.