Hill v. State

David Berry Hill, the appellant, and Cecil Nathan Herron were separately indicted for the murder of Walter Luke Evans. The defendants were joined for trial and both men were convicted and sentenced to ninety-nine years' imprisonment. We find that the defendants were improperly joined for trial because their defenses were antagonistic and mutually exclusive.

Prior to trial, the prosecutor filed a "motion to consolidate" on the grounds that "each of the above Defendants has been charged in separate Indictments alleging participation in offenses that are the same act or transaction, or are a part…