Burton v. State

Bramhall, J.:

This case relates to the refusal of the trial court upon application of appellant, one of three defendants, to grant a separate trial.

Appellant and two others were arrested charged with committing robery upon one Bennie Murray. The evidence estab lished that all three defendants were present at the scene of the crime; that they participated in beating the prosecuting witness and in taking from him his wallet in which there was $10. The state was unable to show which defendant actually took the wallet out of his pocket. Two of the defendants, including appellant, gave written…