State v. Franklin

Appellant is the only person charged in the bill of indictment appearing in the record; and the agreed case on appeal states that “defendant Jack Franklin and codefendant Frank Thomas Keith were charged, upon a bill of indictment, as appears in the record, . . .” As to Keith, no indictment appears in the record. However, counsel for appellant, with commendable candor, stated on oral argument that Frank Thomas Keith was indicted in a separate bill containing identical charges and that, each defendant having pleaded not guilty, the cases were consolidated and tried together.

In S. v. Kerley, 246…