People v. Murphy

Defendants, Danny Murphy and Kenneth Bell, were charged with armed robbery. (Ill. Rev. Stat. 1977, ch. 38, par. 18 — 2.) Defendants were tried simultaneously, Bell by a jury and Murphy by the court. Both defendants were found guilty. Bell was sentenced to a term of 9 years, and Murphy was sentenced to a term of 4 to 6 years. On appeal, defendants contend that the court erred in denying Bell’s motion for severance. We affirm as to Murphy and reverse and remand as to Bell.

Prior to trial, Bell’s motion for severance was denied after an agreement was had that any reference to Bell would be…