Marsh v. State
Alabama Court of Appeals
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
- Jones v. StateAlabama Court of Appeals · 1915
- Patterson v. StateSupreme Court of Alabama · 1911
- Wilkins v. StateSupreme Court of Alabama · 1895
- Overstreet v. StateSupreme Court of Alabama · 1871
- Talley v. StateSupreme Court of Alabama · 1912
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