
    STUBBLEFIELD v. STATE.
    (No. 6989.)
    (Court of Criminal Appeals of Texas.
    May 24, 1922.)
    Criminal law <&wkey;>621(2) — Refusal to grant sev-' eranee held error.
    Where defendant charged with theft moved for a severance and for the previous trial of other defendant charged with same theft by separate complaint and information, and where the procedure was in the form prescribed by Code Cr. Proc. 191ÍL, arts. 727, 791, and Pen. Code 1911, art. 91, and the other defendant did not oppose the motion, refusal to grant severance held error.’
    Appeal from Hopkins .County Court; Homer L. Pharr, Judge.
    Ambrose Stubblefield was convicted of misdemeanor theft, and he appeals.
    Reversed and remanded.
    Dial, Melson, Davidson & Brim, of Sulphur Springs, for appellant.
    R. G. Storey, Asst. Atty. Gen., for the State.
   MORROW, P. J.

The conviction is for misdemeanor theft.

The appellant and one Lindsey were, by separate complaint and information, charged with the theft of two turkeys from one Herman.

The appellant, in due form and proper time, filed a motion for a severance and that Lindsey be tried first. It appears from the bill that Lindsey was present and ready for trial; that no opposition was urged by him against the order of trial suggested in the motion. The statutes accord the right of severance and prescribe the procedure therefor. See articles 791 and 727, Code of Crim. Proc., and article 91 of the Penal Code. The appellant, in the instant case, having complied with the statutes, the court was not warranted in refusing this demand. This is conceded by the state through the Assistant Attorney General. Tlie precedents are found in Branch’s Ann. Tex. Penal Code, pp. 375 and 376. See, also, Ligon v. State, 82 Tex. Cr. R. 147, 198 S. W. 787.

The judgment is reversed, and the cause remanded. 
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