Tomlin v. State

OPINION

By the Court,

Zenoff, D. J.:

The appellants, Paul Tomlin and Hollis Queen, were charged by Grand Jury indictment on October 14, 1964, with burglary in the first degree. A third person, Charles Eugene Hayter, was included in the indictment. The appellants entered pleas of not guilty to the charge of burglary and sought a motion for severance from defendant Charles Eugene Hayter upon the grounds that (1) they desired to call him as a witness, and (2) they would be prejudiced by the fact that Hayter had been convicted of manslaughter and was presently serving a sentence in the Nevada State…