Munsford v. State

Stolz, Judge.

These three defendants appeal from their convictions of the offense of robbery by force, for which they were jointly indicted and tried. Held:

1. Enumerated errors 1 through 5 pertain to the number and apportionment of peremptory challenges, or strikes, to which each individual defendant was entitled. Prior to 1972, our courts construed Code § 27-2101 to mean that, where persons jointly indicted for an offense go to trial together, "they do not waive any right of peremptory challenge, but each is entitled to his full statutory allowance.” (Emphasis supplied.) Cumming v. State, 99…