Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

BUCKLES et al. v. THE STATE.

QUILLIAN, Judge.

On this court's grant of application for interlocutory appeal, we consider the trial judge's denial of a motion to sever and a motion to quash the indictment. Held:

1. "When two or more crimes are charged in separate counts in a single indictment, though committed at different times and places and involving transactions with different persons, and are of the same general nature or species, and the mode of trial is the same, it is mandatory that the trial judge, upon motion of defendant, order separate trials for each of the crimes charged." Dingler v. State, 134 Ga. App. 223, 224 (3) ( 214 S.E.2d 6), citing Dingler v. State, 233 Ga. 462 ( 211 S.E.2d 752). Accordingly, it was error for the trial judge to refuse to grant the motion to sever in its entirety, the motion should have been considered applying Dingler in conjunction with the rule set forth in Jarrell v. State, 234 Ga. 410, 413 ( 216 S.E.2d 258).

2. The remaining enumeration of error is without merit. Sweeney v. Balkcom, 219 Ga. 292 (2) ( 133 S.E.2d 10).

Judgment on motion to sever reversed; judgment on motion to quash affirmed. Deen, P. J., and Webb, J., concur.

ARGUED JANUARY 14, 1976 — DECIDED FEBRUARY 3, 1976 — REHEARING DENIED FEBRUARY 27, 1976 — CERT. APPLIED FOR.
Use AI to get other relevant cases.

Comments

BUCKLES v. STATE
(Feb 3, 1976)