Fincher v. Commonwealth

The questions for decision in this case are: (1) Did the trial court have authority to consolidate for trial separate indictments against John Fincher, the defendant? (2) If the court had such authority, did it improperly order consolidation?

The defendant was arraigned on two indictments, one for burglary and the other for possession of burglarious tools with intent to commit burglary or larceny. Upon motion of the Commonwealth and over objection of the defendant, the two indictments Were consolidated and tried together before a jury. The defendant was found guilty of both charges and…