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

THE STATE OF FLORIDA, APPELLANT, v. ODES NEAL HAMILTON AND RAYMOND AUGUSTA BLACK, APPELLEES.

PER CURIAM.

This is an appeal by the state from a pretrial order in a criminal prosecution in the circuit court, as authorized by § 924.07 (8) Fla. Stat., F.S.A. 1969. The challenged order granted defendants' motion for severance, opposed by the state, which had elected to try jointly the defendants who were charged by indictment with the crime of murder in the first degree. The defendants, in the presence of each other, had made statements which were self-incriminating and which implicated the other. We find no error in that ruling of the trial court. It represented a matter resting in the discretion of the court (Jackman v. State, Fla.App. 1962, 140 So.2d 627; Sylvia v. State, Fla.App. 1968, 210 So.2d 286), and in the circumstances presented the order of severance was proper. See Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476.

Affirmed.

Use AI to get other relevant cases.

Comments

STATE v. HAMILTON
(Oct 27, 1970)