Opinion
8 Div. 54.
February 11, 1930.
Appeal from Circuit Court, Franklin County; Charles P. Almon, Judge.
Ed Helums was convicted of manufacturing prohibited liquors, and he appeals. Reversed and remanded.
Travis Williams, of Russellville, for appellant.
The trial court has no authority of law to put one man to trial along with another, except by consent, and that consent should be shown by the record.
Charlie C. McCall, Atty. Gen., for the State.
Brief did not reach the Reporter.
This appeal is on the record which discloses that this defendant was alone indicted and tried jointly with another separately indicted and charged with the same offense. There is nothing in the record to show that the joint trial was with the consent of defendant or that he had waived the right to a separate trial. Being separately indicted, the defendant is entitled to a separate trial, and a joint trial with another without the consent of the defendant or a waiver of the right by him appearing of record is error and cause for reversal. Martin v. State, 19 Ala. App. 432, 97 So. 768.
Reversed and remanded.