West v. State

The ..appellant and James A. Smith were jointly indicted for the murder of Ahab McMath. The-indictment contained two counts. The record shows that the defendants, upon being arraigned upon the indictment,, pleaded not guilty thereto; and that afterward they moved. the court for separate trials, which was granted. Thereupon West, without withdrawing his plea, moved to quash each count in the indictment, but his motion was overruled, and he excepted. West was thereupon put on trial, which resulted in a verdict of guilty of murder in the first degree, as he stood charged in the indictment, and…