State v. . Southerland
Supreme Court of North Carolina
Appeae by prisoner from Kerr, J., at April Term, 1919, of WayNe. The prisoner was indicted jointly with Mabel Howard for the murder of Millard L. Parker, the indictment being in the usual form. He was convicted of murder in tbe second degree and sentenced to ten years in the State’s prison. From this sentence he appealed to this Court assigning only one error.
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Appeae by prisoner from Kerr, J., at April Term, 1919, of WayNe. The prisoner was indicted jointly with Mabel Howard for the murder of Millard L. Parker, the indictment being in the usual form. He was convicted of murder in tbe second degree and sentenced to ten years in the State’s prison. From this sentence he appealed to this Court assigning only one error. ITpon his arraignment he moved for severance on the grounds there would be no evidence offered tending to show the joint commission of the offense; that the defense of Mabel Howard would be that the defendant, Ashley Southerland,…
1Opinion of the CourtClaRK, C. J.
There is no exception to evidence or the charge. The sole assignment of error is the refusal of the motion to sever. From S. v. Smith, 24 N. C., 402 (1842), down to the present day, this Court has uniformly held that the granting of a severance when two or more are jointly indicted in the same bill rests in the sound discretion of the trial judge, and from his determination there is no appeal. S. v. Smith, 24 N. C., 402; S. v. Collins, 70 N. C., 241; S. v. Underwood, 77 N. C., 502; S. v. Gooch, 94 N. C., 987; S. v. Oxendine, 107 N. C., 783; S. v. Finley, 118 N. C., 1161; S. v. Moore, 120 N.…
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