Duffy v. State

Deen, Chief Judge.

Kenneth Duffy, Roy Perkins and Philip Bates appeal following their convictions for armed robbery and aggravated assault.

1. Appellants contend that the trial court erred in failing to grant their motions to sever. Under Code § 27-2101 “ ... for a felony less than capital, or for a misdemeanor, defendants may be tried jointly or separately in the discretion of the trial court.” The trial court’s ruling will not be overturned except for an abuse of discretion. Mathis v. State, 231 Ga. 401 (202 SE2d 73) (1973). At the hearing on his motion, the defendant bears the burden of…