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TOMLIN v. STATE

No. 4907.

407 P.2d 1020 (1965)

Paul TOMLIN and Hollis Queen, Appellants, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

Rehearing denied December 21, 1965.

Attorney(s) appearing for the Case

Harry Busscher, Reno, for Appellants.

Harvey Dickerson, Atty. Gen., Carson City, Nevada, William J. Raggio, Dist. Atty., R. Gaynor Berry, Deputy Dist. Atty., Washoe County, Reno, for Respondent.

ZENOFF, District Judge.

The appellants, Paul Tomlin and Hollis Queen, were charged by Grand Jury indictment on October 14, 1964, with burglary in the first degree. A third person, Charles Eugene Hayter, was included in the indictment. The appellants entered pleas of not guilty to the charge of burglary and sought a motion for severance from defendant Charles Eugene Hayter upon the grounds that (1) they desired to call him as a witness, and (2) they would be prejudiced...

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