Harris v. State

Hart, J.,

(after stating the facts). The first assignment of error is that the circuit court erred in refusing to grant the motion of the defendant that Ollie Smith should be first put on trial.

The record shows that Ollie .Smith and James Harris were jointly indicted for murder in the first degree, charged to have been committed by shooting and killing Plarvey Biggs while they were engaged in stealing four automobile tires of the value of $40. The motion electing that the case against Ollie Smith should stand-first for trial was signed by the defendant, James Harris, and by Ollie Smith. The…