Edwards v. State

Deen, Presiding Judge.

Appellants bring this appeal from their conviction for theft by receiving and sentence to five years imprisonment.

1. Appellants contend that the trial court erred in not ordering the production of appellants’ co-indictee as a witness for trial as permitted under Code Ann. § 38-2001. The witness had previously pled guilty and was in the custody of the State Board of Corrections. Code Ann. § 38-2001 (c) provides that, "where the judge, after examining into the matter, determines that the prisoner’s presence is required by the ends of justice and... the party requesting it…