Armour v. State

Full title: ARMOUR v. THE STATE

Court: Court of Appeals of Georgia

Date published: Sep 7, 1979

151 Ga. App. 254 (Ga. Ct. App. 1979)

259 S.E.2d 662

Opinion

58033.

SUBMITTED JUNE 12, 1979.

DECIDED SEPTEMBER 7, 1979.

Burglary. Hall Superior Court. Before Judge Palmour.

Danny J. Lovell, for appellant. Jeff C. Wayne, District Attorney, Roland H. Stroberg, Assistant District Attorney, for appellee.

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 noncapital felonies is a matter within the discretion of the trial court. Code § 27-2101; Mathis v. State, 231 Ga. 401 ( 202 S.E.2d 73) (1973)." Aaron v. State, 145 Ga. App. 349 (1) ( 243 S.E.2d 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 S.E.2d 188). Accord, Cain v. State, 235 Ga. 128, 129 ( 218 S.E.2d 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.

QUILLIAN, Presiding Judge.

SUBMITTED JUNE 12, 1979 — DECIDED SEPTEMBER 7, 1979.