Jackson v. State

McMurray, Presiding Judge.

Defendant and another were indicted and tried for the offense of theft by taking, the same being the property of another, being a safe with a value greater than $200. The co-defendant moved to sever but same was denied. Thereafter, this defendant was found guilty and the co-defendant was acquitted. Defendant appeals his conviction and sentence. Held:

1. The trial court did not err in refusing to sever the trial of the co-defendant. We note here that this defendant failed to file a written motion to sever and only the co-defendant who was acquitted made such a motion.…