State v. Berry

LeGRAND, Justice.

The question here is whether § 780.1, The Code, entitles defendant, who was jointly indicted with an alleged confederate, to a separate trial on the charge of robbery with aggravation committed in violation of § 711.1, The Code. We hold it does, and we reverse because the trial court ordered him to stand trial with James Davis, the party who was named in the same indictment with him.

Defendant and Davis were accused of robbing the Highlander Coin Laundry on July 17,1974. After their joint indictment, defendant filed a written demand for separate trial. His motion was…