People v. Gilmour

This is a motion for an order directing a separate trial of the defendant Robert A. Shuttleworth.

This indictment charges five defendants with the commission of perjury and other acts and contains some 49 counts. The indictment charges that each of the acts and transactions forms part of a common scheme and plan. There is no question but that the request by defendant is addressed to the court’s discretion (Code Grim. Pro., §§ 279, 391).

The defendant urges as a primary reason for making this request that he intends to call as witnesses one or more of his codefendants; that he has made inquiry…