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ARMOUR v. STATE

Court of Appeals of Georgia.
Sep 7, 1979
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QUILLIAN, Presiding Judge.

Appeal was taken from defendant's conviction for burglary. Held:

1. Error is assigned on the failure to grant defendant's motion for severance. "Whether joint defendants are to be tried jointly or severally for noncapital felonies is a matter within the discretion of the trial court. Code § 27-2101; Mathis v. State, 231 Ga. 401 ( 202 S.E.2d 73) (1973)." Aaron v. State, 145 Ga. App. 349 (1) ( 243 S.E.2d 714). "The burden is on the defendant requesting the severance to do more than raise the possibility that a separate trial would give him a better chance of acquittal." Todd v. State, 143 Ga. App. 619, 620 ( 239 S.E.2d 188). Accord, Cain v. State, 235 Ga. 128, 129 ( 218 S.E.2d 856). From the showing here made, the trial judge did not abuse his discretion in denying the motion for a separate trial.

2. The evidence authorized the verdict.

Judgment affirmed. Smith and Birdsong, JJ., concur.

QUILLIAN, Presiding Judge.

SUBMITTED JUNE 12, 1979 — DECIDED SEPTEMBER 7, 1979.