Sanchez and Gamboa v. State

DAVIDSON, Presiding Judge.

The indictment charges the two above named defendants and Avelino Garza Mercado jointly with assault with intent to murder Jesse Perez!. When the case was called for trial motion was made to sever, which was granted as to Mercado. Thereupon the other two defendants, Sanchez and Gamboa, also asked a severance, which was refused by the court. They were placed upon trial and convicted, each being awarded five years in the penitentiary.

Error is assigned upon the ruling of the court refusing the motion to sever as between Sanchez and Gamboa. This was error. These parties…