Jacoby v. State

Appellants were jointly charged by indictment, tried, and convicted of robbery.

Error is assigned upon the overruling of their separate motions for a separate trial, and their motion to require the prosecutor to elect which of the defendants would first be tried, and upon the overruling of their separate motions for a new trial.

Prior to 1935, defendants jointly charged with a felony were entitled to separate trials. In 1935 statute was enacted providing for a joint trial unless the court in its discretion orders a separate trial. Acts of 1935, ch. 92, p. 286, section 9-1804 Burns Supp. 1936,…