Mallory v. State

McMurray, Presiding Judge.

Defendant and a co-defendant were indicted for the offenses of armed robbery and kidnapping. In separate counts both defendants were indicted as recidivists, and the co-defendant was indicted for the offense of possession of a firearm by a convicted felon. A motion for severance was filed and granted and the defendant and co-defendant were tried separately. One of the defendant’s defenses was that he was an unwilling accomplice with reference to the entire occurrence which was due solely to the actions and conduct of his co-defendant. He was convicted and sentenced…