Horsley v. State

Appellant-defendant was jointly indicted with one Brian Keith Baldwin (Baldwin v. State, 372 So.2d 26) for the alleged robbery and intentional killing of Naomi Rolon subsequent to the effective date of the Death Penalty and Life Imprisonment Without Parole Statute of Alabama (Acts 1975, No. 213, Code of Ala. 1975, § 13-11-1, et seq.)

The two defendants were tried separately. Whether the severance was made at the request of either defendant is not shown by the record in this case. In the absence of a request or objection by one or more co-indictees, it is in the trial court's discretion whether…