PATRICK v. STATE

66153.

166 Ga. App. 328 (1983)

304 S.E.2d 474

PATRICK v. THE STATE.

Court of Appeals of Georgia.

Decided April 19, 1983.


Attorney(s) appearing for the Case

William T. Winder, for appellant.

Nat Hancock, District Attorney, Timothy G. Madison, T. David Motes, Assistant District Attorneys, for appellee.


BANKE, Judge.

In this appeal from his conviction of burglary, the defendant's primary contention is that the trial court should have granted him a separate trial so as to permit his co-defendant to testify on his behalf. Held:

1. The availability of a co-defendant's testimony is a relevant factor for the trial court to consider upon a motion to sever. However, "[i]n order to have his motion. . . granted, . .. the defendant must show not only that his...

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