Servance v. State

OPINION

WOODLEY, Presiding Judge.

This is a companion case to that of Loftis v. State, 241 S.W.2d 704.

The motion for severance filed in appellant’s behalf was identical with her co-defendant’s motion except for the names being transposed. The motion did not comply with or require that severance be granted under Art. 36.09 C.C.P., 1965, which reads:

“Two or more defendants who are jointly or separately indicted or complained against for the same offense or an offense growing out of the same transaction may be, in the discretion of the court, tried jointly or separately as to one or more…