Vault v. Adkisson

Carleton Harris, Chief Justice.

Petitioner, Robert Vault, was jointly charged with two other co-defendants with the crime of Murder in the First Degree. On November 6, 1972, Vault moved for a severance under the provisions of Ark. Stat. Ann. § 43-1802 (Repl. 1964), such motion being denied by the court. Thereafter, Vault filed petition with this court seeking a Writ of Mandamus, his contention being that the severance provided for in the aforementioned statute is mandatory and the court has no discretion in the matter. The pertinent parts of the section at issue read as follows:

“When two (2)…