(Download) "Marx v. State Indiana" by Supreme Court Of Indiana # eBook PDF Kindle ePub Free
eBook details
- Title: Marx v. State Indiana
- Author : Supreme Court Of Indiana
- Release Date : January 21, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The appellant raises two main points for consideration on this appeal. The first contention is that he was entitled to a trial separate from his co-defendant for the reason that there was some question as to the sanity of the defendant. The mere fact alone that there may be an issue of insanity raised by the petitioning defendant would not necessarily compel a separate trial. There is no showing or suggestion of any injury or prejudice to the appellant which would result from the trial with his co-defendant. The granting of a motion for a separate trial where the defendants are jointly indicted rests within the sound judicial discretion of the trial court. It is only where there is a plain and arbitrary abuse of such discretion that a denial of separation will be reversed. The appellant fails to point out any abuse of such discretion in this case by the trial court. We therefore find no grounds for declaring any abuse of discretion on the part of the trial court in denying the petition. Acts 1935, ch. 92, § 1, p. 286, being § 9-1804 Burns 1956 Replacement; Neal v. State (1938), 214 Ind. 328, 14 N.E.2d 590, 15 N.E.2d 950.
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