State v. Lewis

The appellant and four other persons were charged jointly with the crime of breaking and entering a warehouse, in the nighttime, with intent to steal. Four of the accused, including appellant, were arrested, arraigned, pleaded “not guilty,” and-the case was assigned for trial. On the day of the trial, appellant filed motions for a severance and for a continuance. Both motions were overruled, and a formal bill of exceptions was reserved to the overruling of appellant’s motion for a continuance. After eleven jurors had been selected to try the case, the district attorney entered a nolle…