Title 17, Chapter 8, Section 4
( 17-8-4)
When two or more defendants are jointly indicted for a capital
offense, any defendant so electing shall be separately tried unless
the state shall waive the death penalty. When indicted for a capital
felony when the death penalty is waived, or for a felony less than
capital, or for a misdemeanor, such defendants may be tried jointly
or separately in the discretion of the trial court. In any event, a
jointly indicted defendant may testify for another jointly indicted
defendant or on behalf of the state. When separate trials are
ordered in any case, the defendants shall be tried in the order
requested by the state. If the offense requires joint action and
concurrence of two or more persons, acquittal or conviction of one
defendant shall not operate as acquittal or conviction of others not
tried. When two or more defendants are tried jointly for a crime or
offense, such defendants shall be entitled to the same number of
strikes as a single defendant if tried separately. The strikes shall
be exercised jointly by the defendants or shall be apportioned among
the defendants in the manner the court shall direct. In the event
two or more defendants are tried jointly, the court, upon request of
the defendants, acting in its sole discretion, may allow an equal
number of additional strikes to the defendants, not to exceed five
each, as the court shall deem necessary, to the ends that justice
may prevail. |