Hardy v. State

OPINION

O’BRIEN, Judge.

Defendant, Robbie Hardy, was convicted of selling heroin on two separate indictments in the Criminal Court for Sullivan County. Punishment was fixed at not less than five nor more than fifteen years in each case, the sentences to be served consecutively by judgment of the court.

On this appeal two assignments of error are made. Defendant first says the trial court erred in denying a motion for severance of the indictments and granting him separate trials. We agree.

In summary, the evidence shows that on October 27th, 1972, defendant allegedly sold a small quantity of brown…