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SERVANCE v. STATE

No. 41401.

433 S.W.2d 709 (1968)

Rosemary SERVANCE, alias Rosemary Williams, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

July 24, 1968.

Attorney(s) appearing for the Case

Jack Hampton, Dallas (Court appointed on appeal), for appellant.

Henry Wade, Dist. Atty., Tom Reese, Charles Caperton, Malcolm Dade, Camille Elliott and Kerry P. FitzGerald, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

This is a companion case to that of Loftis v. State, 241 S.W.2d 704.

The motion for severance filed in appellant's behalf was identical with her co-defendant's motion except for the names being transposed. The motion did not comply with or require that severance be granted under Art. 36.09 C.C.P., 1965, which reads:

"Two or more defendants who are jointly or separately indicted or complained against for...

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