Edward Allen Mead v. State Alaska

DIMOND, Justice. OPINION This is an appeal from a judgment of conviction of the crimes of burglary, larceny, and possession
of a firearm by a person previously convicted of burglary. Appellant and Robert Maxwell were jointly indicted for the crimes of burglary and larceny. Maxwell moved for and was granted
a continuance of his trial. Appellant joined in Maxwell's motion, but a continuance was not granted as to him. Appellant contends
that the granting of a continuance as to Maxwell operated as a matter of law as a granting of a continuance as to appellant,
since they were jointly indicted, and therefore the court erred in not allowing a continuance as to appellant. Appellant relies
on 6 Anderson, Wharton's and Procedure § 1916 (1957) which states: