Day v. State

Birdsong, Judge.

Appellant Johnny Ray Day and appellant Jessie Day, brothers, were tried jointly and convicted of aggravated assault and sentenced to eight years, six to be served in confinement. The trial of a third *318brother, Bobby Day, had been severed. Appellant Johnny Ray Day appeals on grounds that the trial court erred in admitting, over objection, hearsay and irrelevant testimony concerning incidents and concerning statements of the co-defendant Bobby Day whose trial was severed. Appellant Jessie Day contends the trial court erred in refusing to direct a verdict of acquittal in his…