State v. McCrary

I respectfully dissent. In my opinion the failure of the trial court to sustain the appellant’s motion to sever count I (committed November 13, 1978) from counts II and III (committed March 8,1979) and count IV (committed March 12, 1979), and count IV from counts II and III constituted reversible error.

Rule 23.05, formerly Rule 24.04, permits the joinder of several counts charging separate crimes and the prosecution of them at *275one trial providing the criteria of the rule are met. Of course, if there is no pretrial objection to joinder, a defendant cannot complain after conviction. State v.…