Pollack v. State

The following opinions were filed March 6, 1934:

Rosenberry, C. J.

1. Defendants assign as error the refusal of the trial court to grant separate trials, and allege such refusal was an abuse of discretion. The defendants conspired with Peters; they, pursuant to the conspiracy with Peters; acted jointly in the commission of the crime to assault with intent to rob. To a point in time at least to within a few seconds of the time when Police Officer Zingler was killed, they continued to act in concert. They therefore should not complain if upon consideration the court denies them separate trials.…