Lucas v. State

LATTIMORE, Judge.

Conviction for burglary; punishment, three years in the penitentiary.

There are four bills of exception in the record. When this case was called for trial appellant filed an affidavit for severance setting up that W. H. Barnett was indicted for complicity in this same offense, and that appellant believed that if Barnett be first tried he would be acquitted, and would then testify for appellant, and that his testimony would be material to the defense. The first bill of exceptions states as follows: “That at the time the witness W. H. Barnett was offered as a witness for the…