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STATE v. BERRY

No. 58015.

247 N.W.2d 263 (1976)

STATE of Iowa, Appellee, v. Jerry L. BERRY, Appellant.

Supreme Court of Iowa.

November 17, 1976.

Attorney(s) appearing for the Case

Gary B. Garrison, Des Moines, for appellant.

Richard C. Turner, Atty. Gen., Mark S. Beckman, Asst. Atty. Gen., and Raymond A. Fenton, County Atty., for appellee.

Heard by MOORE, C. J., and MASON, LeGRAND, UHLENHOPP and McCORMICK, JJ.

LeGRAND, Justice.

The question here is whether § 780.1, The Code, entitles defendant, who was jointly indicted with an alleged confederate, to a separate trial on the charge of robbery with aggravation committed in violation of § 711.1, The Code. We hold it does, and we reverse because the trial court ordered him to stand trial with James Davis, the party who was named in the same indictment with him.

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