State v. Avery

EXUM, Justice.

Defendant Avery assigns as his error the denial of his constitutional and statutory rights to a speedy trial, joinder of the offenses for trial, certain evidentiary rulings, denial of his motion to dismiss at the close of all the evidence, denial of his motion for mistrial, and an erroneous charge to the jury by the trial judge. Upon careful examination of defendant’s contentions we conclude that he received a fair trial free from prejudicial error.

The state’s evidence tends to show the following: At approximately 5:00 p.m. on 1 August 1979 defendant and one Stephen Hall, both…