Prescott v. State

McMurray, Presiding Judge.

The defendant Prescott was indicted for burglary along with Pat Prickett, Larry Prickett, Andy Prickett and Robert Albea. The Pricketts and Albea pleaded guilty prior to trial and the defendant was tried, convicted and sentenced to eight years imprisonment. The court denied the defendant’s motion for new trial and he now appeals. Held:

1. In his first enumeration of error the defendant argues that the trial court erred in not granting him a new trial because the district attorney’s office failed to reveal to the jury and the court that three of the co-defendants, Pat…