Legal Opinion

Peabody v. State

Court of Appeals of Georgia

Decided November 21, 1980No. 60857, 60862PublishedCited by 8 opinions

1Opinion of the Court

Quillian, Presiding Judge.

These two appeals involve co-defendants who were indicted and convicted for armed robbery. Held:

1. In case 60862 the defendant contends the court erred in refusing to grant his motion for severance.

*854Submitted October 7, 1980 Decided November 21, 1980 Rehearing denied December 19, 1980 R. Michael Key, for appellant (Case No. 60857).

The grant of a motion to sever will be reversed only in the event of an abuse of discretion by the trial judge. The defendant requesting the severance has the burden to make a clear showing of prejudice. Baker v. State, 238 Ga. 389, 391 (2)…

2Cases cited5 opinions

  1. Cain v. StateSupreme Court of Georgia · 1975
  2. Baker v. StateSupreme Court of Georgia · 1977
  3. Evans v. StateCourt of Appeals of Georgia · 1978
  4. Lloyd v. StateCourt of Appeals of Georgia · 1976
  5. Gray v. StateCourt of Appeals of Georgia · 1978

3Cited by8 opinions

  1. Parrish v. StateCourt of Appeals of Georgia · 1981
  2. State v. PeabodySupreme Court of Georgia · 1981
  3. Ogle v. JohnsonDistrict Court, S.D. Georgia · 2009
  4. Parrish v. StateCourt of Appeals of Georgia · 1981
  5. Peabody v. StateCourt of Appeals of Georgia · 1980

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