Lingerfelt v. State

Nichols, Justice.

1. The complaint that the trial court erred, after granting a motion for severance, in ordering the defendant tried upon two indictments for the two alleged murders which arose out of the same transaction is without merit. The defendant here was tried separately from the other defendants.

The motions for severance related to a separate trial for the defendant on the indictments so that he would not be tried jointly with the other three defendants. Under the Act of 1968 (Ga. L. 1968, pp. 1249, 1267; Code Ann. § 26-506), separate trials may be had only when it is in the interest…