 In United States v. Marchant ( 1827 ) , the Court held that — even though a trial court has the discretion to sever the trials of co @-@ defendants — a defendant has no right to insist upon being tried alone . The Court recounted the history of criminal severance in English law , and concluded that the practice merely arose to prevent co @-@ defendants from each using their peremptory challenges to deplete the venire such that too few jurors remained for trial . Justice Story was the author of the opinion of the Court , as well as a substantially similar opinion in the Massachusetts circuit court below . 
