State v. . Gooch

After the arraignment, the prisoners severally moved for a severance of the trial, upon the ground that the evidence to be offered by the State, which might be competent against the one, would not be against the other, and that the defence of the one, would be antagonistic to that of the other; and that each would insist that the other did the killing.

The motion was denied by the Court, and both the defendants excepted.

By consent, a special venire of two hundred men had been drawn from the jury box, under Sec. 1739 of The Code, in open Court, in the presence of the defendants and their…