STATE v. FOX

No. 83.

163 S.E.2d 492 (1968)

274 N.C. 277

STATE of North Carolina v. Donald FOX, Roy Lee Fox, and Robert Carson McMahan.

Supreme Court of North Carolina.

October 9, 1968.


Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., Ralph Moody, Deputy Atty. Gen., Millard R. Rich, Jr., Asst. Atty. Gen., and Andrew A. Vanore, Jr., Staff Atty., Raleigh, for the State.

T. E. L. Lipsey, Asheville, for Roy Lee Fox, defendant.

John H. Giezentanner, Asheville, for Robert Carson McMahan, defendant.


SHARP, Justice.

Each appellant assigns as error the court's denial of his motion for a separate trial. These assignments raise the question whether a defendant, who is jointly indicted with another or others and moves for a severance, has a right to a separate trial when the State will offer in evidence the confession or admission of a codefendant which implicates the movant in the crime charged and is inadmissible against him.

At the time this case was tried...

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