When Severance Allowed

If it appears that a defendant or the government is prejudiced by a joinder of offenses or of defendants in an indictment or information or by such joinder for trial together, the court may order an election or separate trials of counts, grant a severance of defendants or provide whatever other relief justice requires. NOTE: Section 65.35 is based on former § 1098a and former Rule 14. See also Fed. R. Crim. P. 14. See generally 8 Moore, Federal Practice && 14.01-14.05 (1974). The former law provided for the inspection in camera of certain documents on a motion for severance. This provision is deleted. The statements referred to are now required by § 70.10 to be disclosed to the defense; hence, there is no reason to require them to be delivered for inspection in camera.