State v. Persinger

Stafford, J. †

Arthur St. Peter and Lee Roy Persinger, the appellant, were charged jointly with the crime of robbery. Appellant’s motion for a separate trial was denied.

At the time of trial, appellant was required to join with his codefendant in the exercise of all peremptory challenges to the jury. This presented no difficulty during the first five joint challenges. However, on the sixth and last peremptory challenge, Mr. St. Peter refused to join therein and the court denied appellant the opportunity to use it individually. Appellant duly excepted to the court’s ruling. July 24, 1961, the…