State v. Rabe

This appeal, on certification from the court of appeals, stems from a criminal prosecution commenced by the filing of a criminal complaint on February 27, 1979, charging the defendant, David W. Rabe, with four counts of homicide by intoxicated use of a motor vehicle, contrary to sec. 940.09, Stats. The state seeks review of a pretrial order of the trial court consolidating the four counts charged in the information into a single count.

Two issues are presented on appeal. First, was the trial court’s consolidation order appealable by the state either as a matter of right as a final order,…