Burden v. State

3 Citing cases

  1. Deuser v. State

    138 Ga. App. 211 (Ga. Ct. App. 1976)   Cited 8 times

    The trial judge did not abuse the discretion given him under Code Ann. § 27-2101 in refusing to grant a severance as to the appellant where the co-defendants were jointly indicted for the same crime, which involved the same witnesses, the evidence of each of which would be admissible on the trial of the others. See Burden v. State, 131 Ga. App. 522 ( 206 S.E.2d 533); Woodruff v. State, 233 Ga. 840 (2) ( 213 S.E.2d 689). That one of the co-defendants was granted a severance, did not require that the appellant be accorded the same privilege. Nor was it a ground for severance that the appellant had available in a joint trial a lesser number of strikes, since that result was in accordance with the provisions of the statute, which also provides for up to five additional strikes per co-defendant upon request and within the judge's discretion. Enumerated error 2 is without merit.

  2. Richardson v. State

    209 S.E.2d 29 (Ga. Ct. App. 1974)

    The co-defendant was indicted along with the defendant for escape on the same day and from the same prison and under similar circumstances. In Burden v. State, 131 Ga. App. 522 ( 206 S.E.2d 533), this court pointed out that under new Code § 27-2101, as amended (Ga. L. 1971, pp. 891, 892; 1972, pp. 618, 619), the trial judge has a discretion in determining whether to grant a separate trial for co-defendants. See Merrill v. State, 130 Ga. App. 745, 748 ( 204 S.E.2d 632); Mathis v.State, 231 Ga. 401, 404 (3) ( 202 S.E.2d 73). Under the circumstances of this case, it was not an abuse of discretion to deny the defendant's motion for severance.

  3. Brooks v. State

    717 S.E.2d 490 (Ga. Ct. App. 2011)   Cited 3 times

    Price v. State, 155 Ga.App. 206, 207(1), 270 S.E.2d 203 (1980), reversed on other grounds, 247 Ga. 58, 273 S.E.2d 854 (1981). See also Burden v. State, 131 Ga.App. 522, 523, 206 S.E.2d 533 (1974) (trial court erred in denying motion to sever where count of indictment against co-defendant alone involved different crime and victim). 2.