MR. JUSTICE BURMAN delivered the opinion of the court.
The defendants, James Concil and Thomas Herod, were jointly indicted on the charge of attempted robbery. They waived a jury trial and on a finding of guilty by the trial judge, James Concil was sentenced to a term of one to five years and Thomas Herod to a term of two to eight years. The defendants filed separate appeals which we have consolidated for opinion because these causes turn upon the same questions of...
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