Hibbs v. State

Appellants were charged, upon an information, with riot. The first error assigned is, that the court refused to grant the motion for a separate trial.

There was no error in this. In trials for misdemeanors, upon information, the application for a separate trial is addressed to the discretion of the judge before whom the cause is heard. There is no law requiring that the application should be granted, and we decline to consider arguments based upon the ideas of counsel as to what the law should be. Such arguments may bepertinentwhen addressed to the law making power.

What the law is, was decided…