Bruce v. State

(dissenting).—When the case was called for trial appellant filed an affidavit for a severance. It was agreed among the parties and recognized by the court that Cass should be tried first. He was placed upon trial, and the jury retired. The ease against appellant was called over his protest. He asked the court to postpone his trial until the jury in the Cass case had returned a verdict. There was no continuance sought and there was none necessary, and the request would not have continued the case. The court overruled the motion and put appellant upon trial for robbery. This was error which…