Chitwood v. State

Shulman, Presiding Judge.

Appellant was convicted of armed robbery, aggravated assault upon a peace officer, and mutiny in a penal institution. The appeal of his co-defendants can be found in Green v. State, 170 Ga. App. 594 (317 SE2d 609).

1. In his first enumerated error, appellant maintains that the denial of his motion for severance was error. “When indicted ... for a felony less than capital, . . . such defendants may be tried jointly or separately in the discretion of the trial court.” OCGA § 17-8-4. “Our Supreme Court has enunciated three principal considerations for the trial judge in…