Legal Opinion

State v. Holmes

Court of Appeals of North Carolina

Decided May 7, 1975No. 758SC89Published

1Opinion of the Court

ARNOLD, Judge.

Deféndant first contends that the trial court erred in allowing the State to consolidate the cases for trial pursuant to ’G.S. *58315-152. In State v. White, 256 N.C. 244, 247, 123 S.E. 2d 483, 486 (1962), the North Carolina Supreme Court said:

“Where a defendant is indicted in separate bills ‘for two or more transactions of the same class of crimes or offenses’ the court may in its discretion consolidate the indictments for trial. In exercising discretion the presiding judge should consider whether the offenses alleged are so separate in time or place and so distinct in circumstances…

2Cases cited9 opinions

  1. State v. WhittemoreSupreme Court of North Carolina · 1961
  2. State v. JenerettSupreme Court of North Carolina · 1972
  3. State v. McClainSupreme Court of North Carolina · 1972
  4. State v. FowlerSupreme Court of North Carolina · 1949
  5. State v. PainterSupreme Court of North Carolina · 1965

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