Armour v. State

Court of Appeals of Georgia

Armour v. State

259 S.E.2d 662, 151 Ga. App. 254, 1979 Ga. App. LEXIS 2519

CourtCourt of Appeals of Georgia

DecidedSeptember 7, 1979

Docket58033

StatusPublished

Cited by2 cases

This text of 259 S.E.2d 662 (Armour v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Armour v. State, 259 S.E.2d 662, 151 Ga. App. 254, 1979 Ga. App. LEXIS 2519 (Ga. Ct. App. 1979).

Pincite

Opinion

Quillian, Presiding Judge.

Appeal was taken from defendant’s conviction for burglary. Held:

1. Error is assigned on the failure to grant defendant’s motion for severance. "Whether joint defendants are to be tried jointly or severally for non-capital felonies is a matter within the discretion of the trial court. Code § 27-2101; Mathis v. State, 231 Ga. 401 (202 SE2d 73) (1973).” Aaron v. State, 145 Ga. App. 349 (1) (243 SE2d 714). "The burden is on the defendant requesting the severance to do more than raise the possibility that a separate trial would give him a better chance of acquittal.” Todd v. State, 143 Ga. App. 619, 620 (239 SE2d 188). Accord, Cain v. State, 235 Ga. 128, 129 (218 SE2d 856). From the showing here made, the trial judge did not abuse his discretion in denying the motion for a separate trial.

2. The evidence authorized the verdict.

Judgment affirmed.

Smith and Birdsong, JJ., concur. JeffC. Wayne, District Attorney, Roland H. Stroberg, Assistant District Attorney, for appellee.

Free access — add to your briefcase to read the full text and ask questions with AI

Quillian, Presiding Judge.

Appeal was taken from defendant’s conviction for burglary. Held:

1. Error is assigned on the failure to grant defendant’s motion for severance. "Whether joint defendants are to be tried jointly or severally for non-capital felonies is a matter within the discretion of the trial court. Code § 27-2101; Mathis v. State, 231 Ga. 401 (202 SE2d 73) (1973).” Aaron v. State, 145 Ga. App. 349 (1) (243 SE2d 714). "The burden is on the defendant requesting the severance to do more than raise the possibility that a separate trial would give him a better chance of acquittal.” Todd v. State, 143 Ga. App. 619, 620 (239 SE2d 188). Accord, Cain v. State, 235 Ga. 128, 129 (218 SE2d 856). From the showing here made, the trial judge did not abuse his discretion in denying the motion for a separate trial.

2. The evidence authorized the verdict.

Judgment affirmed.

Smith and Birdsong, JJ., concur. JeffC. Wayne, District Attorney, Roland H. Stroberg, Assistant District Attorney, for appellee.

Cite This Page — Counsel Stack

Bluebook (online)

259 S.E.2d 662, 151 Ga. App. 254, 1979 Ga. App. LEXIS 2519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/armour-v-state-gactapp-1979.

Opinion

2. The evidence authorized the verdict.

Related

Cite This Page — Counsel Stack