State v. Olivas

MOLLOY, Chief Judge.

The two appellants and another were jointly tried and found guilty of first degree burglary. There was testimony at the trial that two of the codefendants (including one of the appellants) made incriminating statements after arrest, and the most important question raised is whether the other codefendant-appellant against whom no such testimony was offered was entitled to a separate trial under the principles of Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968).

The basic facts are as follows. At about 1:40 a. m., on the morning of April 18, 1968,…