Texas Code of Criminal Procedure - Article 36.09. Severance On Separate Indictments
Legal Research Home >
Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 36.09. Severance On Separate Indictments
Art. 36.09. [650] [726] [706] SEVERANCE ON SEPARATE
INDICTMENTS. Two or more defendants who are jointly or separately
indicted or complained against for the same offense or any offense
growing out of the same transaction may be, in the discretion of the
court, tried jointly or separately as to one or more defendants;
provided that in any event either defendant may testify for the
other or on behalf of the state; and provided further, that in
cases in which, upon timely motion to sever, and evidence
introduced thereon, it is made known to the court that there is a
previous admissible conviction against one defendant or that a
joint trial would be prejudicial to any defendant, the court shall
order a severance as to the defendant whose joint trial would
prejudice the other defendant or defendants.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967,
60th Leg., p. 1739, ch. 659, Sec. 21, eff. Aug. 28, 1967.
Article: 36.01 36.02 36.03 36.05 36.06 36.07 36.08 36.09 36.10 36.11 36.12 36.13 36.14 36.15 36.16
Last modified: August 11, 2007
|
