MacK v. State

Quillian, Chief Judge.

Defendant appeals his conviction for rape (two counts), aggravated assault and armed robbery. Held:

1. Defendant’s indictment alleged the rape of a woman and aggravated assault on her male companion on August 1,1980 (Counts 1 and 2), and the rape of another woman and the armed robbery of her male companion on September 7,1981 (Counts 3 and 4). At trial, after the jury had been struck and sworn defendant’s oral motion to sever Counts 1 and 2 from Counts 3 and 4 was made and denied, which defendant enumerates as error.

Where criminal offenses are joined solely on the ground…