Johnson v. State

OPINION

ONION, Judge.

The offense is burglary with intent to commit theft; the punishment, ten years.

This is a companion case to Robinson v. State, Tex.Cr.App., 449 S.W.2d 239, this day decided.

Appellant and his co-defendant Ollie B. Robinson were separately indicted for the same offense but were tried and convicted in a joint trial.

The sole ground of error upon which appellant relies for reversal is the trial court’s refusal to grant his motion for severance.

In his pre-trial motion for severance filed a month prior to trial, appellant alleged that co-defendant Robinson had a prior criminal…