State v. Madden

The opinion of the court was delivered by

West, J.:

The defendants appeal from a conviction of .burglary with explosives. Numerous errors were assigned, and having examined the record and also the transcript, the evidence not being brought up, we find only one matter of sufficient importance to merit extended consideration. It is strongly urged that the trial court erred in refusing the defendants a severance which the statute (Crim. Code, § 218) provides may be had by any one defendant jointly charged with others with felony, when requiring it. The state asserts that the requirement or…