Ryan v. State

HARPER, Judge.

The grand jury of Matagorda County indicted W. W. Lawrence and appellant jointly, charging them with murder. There was a severance and appellant placed on trial first. Appellant, in his first bill of exceptions, complains that the court granted a severance when no affidavit had been filed asking that a severance be granted. Article 706 of the Code of Criminal Procedure, provides: “When two or more defendants are jointly prosecuted they may sever in the trial upon the request of either.” The bill of exceptions shows that Lawrence requested a severance, and the court did not err…