Smith v. State

Pope, Judge.

In Case No. A90A1654, appellant Danny Smith appeals his conviction for attempted armed robbery; in Case No. A90A1655, Smith appeals his conviction for armed robbery. The two crimes occurred on separate dates and were the subject of separate indictments, but were tried in a single trial.

1. Smith first argues that the manner of consolidation of the two indictments for trial violated Uniform Superior Court Rule 31.3. However, this objection, which was made orally during a pre-trial motion hearing and not before the judge who tried the case, was not transcribed. Therefore, we have…