State v. Barnes

Reference is made to the opinion of this Court filed this date in State v. Garnett, which was an appeal by a codefendant from judgment entered in the same trial. Insofar as appellants Barnes and Marsh make the same assignments of error as were made in the Garnett appeal, we find no prejudicial error for the reasons stated in that opinion.

In addition to the assignments of error which were made in the Garnett appeal, the appellants Barnes and Marsh assign as error the refusal of the trial court to grant their motion for a new trial made on grounds that, during the progress of the trial, the two…