State v. Burke

ARNOLD, Judge.

Defendant’s argument that the trial judge erred in denying his motion to consolidate for trial the cases of State v. Charles Ira Burke and State v. Richard Lynn Marshall is rejected. It is within the discretion of the trial court to consolidate for trial homicide cases against two defendants where both defendants are indicted for an offense of the same class arising out of the same killing. State v. Bass, 280 N.C. 435, 186 S.E. 2d 384 (1972); State v. Feimster, 21 N.C. App. 602, 205 S.E. 2d 602 (1974) ; G.S. 15-152 (Repealed effective 1 September 1975). The exercise of that…