State v. Atkins

Mr. Associate Justice EishburnE

delivered the unanimous Opinion of the Court:

The appellant, Elbert' Atkins, was jointly indicted with his brother, Maas Atkins, for larceny of one 1941 V-8 Ford Coach and a pair of handcuffs, the property of H. H. Hat-chett, and for receiving the same, knowing them to have been stolen. Appellant was convicted of receiving the automobile, knowing it to have been stolen, and he appeals. The defendant Maas Atkins was acquitted.

Upon the call of the case, the defendants moved for severance and a separate trial upon the ground that the defenses of the two defendants…