Davis v. State

Sognier, Judge.

Appellant was convicted of two counts of rape, and he appeals.

1. Appellant contends the trial court erred by not granting his motion to sever the first charge of rape from the second rape and kidnapping charges. Appellant contends that under the decision in Dingler v. State, 233 Ga. 462 (211 SE2d 752) (1975), it is mandatory that the trial judge, upon motion of the defendant, order separate trials when the offenses are joined solely on the ground that they are of the same or similar character.

In the instant case the first rape charged against appellant occurred on February 20,…