State Ex Rel. Zirk v. Muntzing

Cali-iouN, Judge:

This case requires a determination whether a person jointly indicted with one or more other persons for a felony has an absolute right to elect to he tried separately.

On February 21, 1961, a grand jury of the Circuit Court of Hardy County returned a joint indictment for a felony against Wilson Zirk, the relator herein, and four other persons. While we are not called upon the construe the indictment and do not undertake to do so, the trial court, in response to demurrers and motions to quash, and by an order entered February 25,1961, held that “all defendants are properly…