EVANS, Judge.
Two defendants were charged separately with the crime of murder. The state moved to try the two cases together on the ground that they arose out of one transaction. The defendants objected. Upon inquiry as to whether the state was asking for the death penalty and being assured it was not so asking, the court overruled the objection by defense and ordered the cases to be tried jointly. The jury returned a verdict of not guilty as to one of the defendants...
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