State v. . Truelove

The questions presented are, (1) the propriety of the consolidation, and (2) the correctness of the charge.

First, in respect of the consolidation, it is to be observed that the jury returned a verdict of “not guilty” on the second indictment, or the one charging assault with intent to rape. This would seem to render the exception feckless, even if initially regarded as one of substance, though the State contends the consolidation was proper in any event. S. v. Stephens, 170 N. C., 745, 87 S. E., 131.

It is provided by Gr. S., 15-152 (C. S., 4622), that when there are several charges against…