Luna v. State

Appellants were jointly indicted and prosecuted. They requested a severance.

Art. 650 C.C.P. provides:

“Two or more defendants jointly prosecuted may sever in the trial upon the request of either.”

The request for severance was made orally before the jury was selected. The -trial court erred in refusing to grant the request.

Unlike Art. 651 C.C.P., the statute above quoted does not require a written motion or affidavit.

The majority refuse to consider the statement of facts which reflects the denial of appellants’ rights to be separately tried because, though timely approved and filed in the trial…