State v. Mason

Citations

• 19 Wash. 94
• 52 P. 525
• 1898 Wash. LEXIS 325

Syllabus

<p>CRIMINAL LAW — JOINT DEFENDANTS — RIGHT TO SEPARATE TRIAL — SEPARATION OF JURY.</p> <p>Under Code Proe., § 1313 (Bal. Code, § 6949), which provides that “when two or more defendants are indicted or informed against jointly, any defendant requiring it shall be tried separately,” a defendant Is entitled as of right to a severance up to the assignment of the cause for trial, from which time until the jury is sworn to try the cause the matter of granting a severance is within the discretion of the court. (IAnders, J., dissents.)</p> <p>■It is reversible error for a jury in a criminal case to agree upon and deliver a sealed verdict to their foreman and then separate prior to coming into court to return their verdict, even though such action is pursuant to an agreement between the prosecution and defense and by direction of the court.</p>