Wall & Howard v. State

Citations

• 51 Miss. 396

Syllabus

<p>1. Criminal Law: Joint indictment. Severance.</p> <p>A motion for a severance, where two are jointly indicted, is always addressed to the sound discretion of the court; and an appellate court will not reverse for a refusal of that motion, unless an abuse of that discretion is shown.</p> <p>2. Same : Power of this court to ajjvrm as to one and to reverse as to the other of two jointly indicted.</p> <p>Where two are jointly indicted, and a motion for a severance is refused, and both are found guilty, the record showing no evidence of guilt as to one, an appellate court can award a new trial to one and affirm the judgment as to the other.</p>