Durham v. State

Nichols, Chief Justice.

The defendants were jointly indicted, tried and convicted of the murder of Adam Middlebrooks. Each was sentenced to life imprisonment, their motions for new trial on the general grounds were overruled, and each filed separate appeals.

1. The first enumeration of error contends the trial court erred in overruling their motions for severance. Since the state waived the death penalty, it was within the sound discretion of the trial court whether to grant or deny the motion. Code Ann. § 27-2101. Under the facts of this case, since all three defendants testified and were…