Legal Opinion

Marsh v. State

Alabama Court of Appeals

Decided May 28, 1918No. 4 Div. 548Published

Appeal from Circuit Court, Coffee County; A. B. Foster, Judge. Sid Marsh and Rushing Marsh were convicted of arson, and they appeal.

1Opinion of the CourtBrown, P. J.

[1] In the absence of a motion for a severance by one of the defend*598ants, it was within the discretion of the trial court to proceed with the trial of tl\e defendants jointly or severally. Wilkins v. State, 112 Ala. 55, 21 South. 56; Felder v. State, 9 Ala. App. 48, 64 South. 162; Code 1907, sec. 7842.

[2] Thei’e is no merit in the defendant’s objection that he was required to select a jury for his trial from the names on the venire other than the 12 jurors that were engaged in their deliberations in another case at the time. Trammell v. State, 1 Ala. App. 83, 55 South. 431; Talley v. State,…

2Cases cited11 opinions

  1. Jones v. StateAlabama Court of Appeals · 1915
  2. Patterson v. StateSupreme Court of Alabama · 1911
  3. Wilkins v. StateSupreme Court of Alabama · 1895
  4. Overstreet v. StateSupreme Court of Alabama · 1871
  5. Talley v. StateSupreme Court of Alabama · 1912

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