McDaniel v. State

SIMPSON, Judge.

Conviction below was for petit larceny. Appellant was indicted jointly with another, no-t on trial.

Although the record is silent as to the disposition of the case against the other defendant, it will be presumed, upon appeal in a case such as that presented by this record, that a severance was granted. Palmer v. State, 15 Ala.App. 262, 73 So. 139, certiorari denied Ex parte Palmer, 198 Ala. 693, 73 So. 1001; Washington v. State, 81 Ala. 35, 38, 1 So. 18.

It is clear from a reading of the evidence adduced for the State, the defendant electing not to introduce any, that the cause…