People v. Bracken

James Bracken was indicted for murder, was found guilty by a jury and was sentenced to the penitentiary for a term of 25 years.

The defendant was indicted jointly with Roy McGovern, Eugene Avery, Donald Cogían, Phillip Kolep, LeRoy Buick and Dennis Doherty. Buick was not tried because he was found in a pretrial sanity hearing to be mentally incompetent, and Doherty was granted a separate trial. Bracken and the four remaining defendants were tried together but this appeal is by Bracken alone.

Bracken bases his appeal on the grounds that the trial court erred in denying him a separate trial and…