ARTERBURN, J.
The appellant, Clarence Dooley, was charged with his brother, Jerry Dooley, by affidavit in two counts: Count One, alleging the crime of second degree burglary, and Count Two, alleging the crime of auto banditry in connection with the burglary.
The appellant was tried separately. At the time of the trial his brother, Jerry Dooley, was serving time in the state prison.
The appellant filed a belated motion for a new trial pending this appeal...
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