MULKEY v. STATE

39197.

250 Ga. 444 (1983)

298 S.E.2d 487

MULKEY v. THE STATE.

Supreme Court of Georgia.

Decided January 4, 1983.


Attorney(s) appearing for the Case

Williams W. Keith III, R. Leslie Waycaster, for appellant.

Stephen A. Williams, District Attorney, Michael J. Bowers Attorney General, Nicholas G. Dumich, Assistant Attorney General, for appellee.


MARSHALL, Presiding Justice.

Harold Mulkey appeals from his conviction of malice murder, for which he received a life sentence.

1. The first enumerated error is that the court erred in failing to grant his motion to sever his trial from that of his co-defendants, Earl Green and Bo Salmon.

It is discretionary with the trial judge as to whether to jointly or separately try defendants who are jointly indicted for a capital offense when the state has waived...

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