Clark v. State

Hart, J.,

(on rehearing). Counsel for the defendant ask for a rehearing, because they insist that the provisions of § 3140 of Crawford & Moses’ Digest were not complied with.

The record shows that the defendant and three other persons were jointly indicted for the murder of Lou Stout, charged to have 'been committed while robbing a bank in Sulphur Springs, Benton County, Ark. The defendants elected to sever for trial. McDonald was tried first, then the defendant, Clark, and then Burchfield. The defendants did not elect the order in which they should be tried, and it is insisted that, under the…