State v. Rosen

Although the original application for a separate trial was based upon “conversations” said to have occurred between codefendants of Rosen and police officers, the renewal of the application was based upon the announcement of the prosecuting attorney that he expected to offer in evidence the confession of a codefendant.

It does not appear that the trial court examined the confession before ruling on the application.

In overruling the application it was stated by the court:

“I don’t consider it to be the law of this state, that where there is a joint indictment, which is a policy of the state…