Davis v. State

David Newbern, Judge.

The main issue in this case is whether the court abused its discretion in refusing to grant a severance to one of two criminal co-defendants where their testimony was mutually antagonistic. A second question is whether the court had a duty to instruct the jury with respect to suspension of sentence. We hold there was neither a duty to sever the defendants nor to instruct on suspension of sentence.

The appellant and his co-defendant, O.D. Smith, were tried together for the offense of theft of property valued in excess of $100. The evidence showed that while the appellant…