State v. Bracey

HUSKINS, Justice.

The first issue we must address is whether the Court of Appeals erred in holding the three separate charges were erroneously consolidated for trial. The Court of Appeals interpreted State v. Greene, 294 N.C. 418, 241 S.E. 2d 662 (1978), a case wherein a charge of assault with intent to commit rape was held to have been properly consolidated with charges of kidnapping and rape which occurred three hours later, to require this result. The Court of Appeals reasoned:

The rationale of that case was that two separate charges may be consolidated if the scheme or plan is to accomplish…