People v. Schemnitzer

On the motion for a separate trial the defendant, in his affidavit as one of the grounds for the motion, alleges upon information and belief, although he does not state the source of *17his information or the grounds of his belief, that the defendant Schemnitzer has made certain statements in reference to the alleged crime involving this defendant and that said statements would be prejudicial to this defendant and in violation of his rights.

Section 391 of the Code of Criminal Procedure, as amended by chapter 461 of the Laws of 1926, provides that “ defendants, jointly indicted, may be tried…