State v. Dyer
Decision Date | 24 March 1954 |
Docket Number | No. 219,219 |
Citation | 239 N.C. 713,80 S.E.2d 769 |
Parties | STATE, v. DYER. |
Court | North Carolina Supreme Court |
Harry McMullan, Atty. Gen., and Claude L. Love, Asst. Atty. Gen., for the State.
Doffermyre & Stewart, Dunn, for defendant appellant.
We think the defendant's exception to the order of consolidation is well taken and should be upheld.
It is provided by G.S. § 15-152 that when there are several charges against any person for the same act or for two or more transactions connected together, or for two or more transactions of the same class of offenses, which may be properly joined, the court will order them to be consolidated for trial. State v. Truelove, 224 N.C. 147, 29 S.E.2d 460; State v. Norton, 222 N.C. 418, 23 S.E.2d 301; State v. Chapman, 221 N.C. 157, 19 S.E.2d 250.
In State v. Truelove, supra, two men and a woman were charged with abducting a little girl under fourteen years of age, who, at the time, was skating along the sidewalk near her grandmother's home; the two male defendants were also indicted for an assault on the child with intent to commit rape. The cases were consolidated and tried together as both charges arose out of the same transaction or a series of connected transactions. The consolidation was upheld and properly so.
Likewise, it is pointed out in State v. Combs, 200 N.C. 671, 158 S.E. 252, 254, that 'The court is expressly authorized by statute in this state to order the consolidation for trial of two or more indictments in which the defendant or defendants are charged with crimes of the same class, which are so connected in time or place as that evidence at the trial of one of the indictments will be competent and admissible at the trial of the others', citing State v. Cooper, 190 N.C. 528, 130 S.E. 180; State v. Jarrett, 189 N.C. 516, 127 S.E. 590; State v. Malpass, 189 N.C. 349, 127 S.E. 248.
In the case of State v. Norton, supra, Winborne, J., in speaking for the Court, said [222 N.C. 418, 23 S.E.2d 302]: , citing authorities.
We think the present case is factually distinguishable from the cases cited and relied upon by the State. It is true the defendants Dyer and Gray were charged with separate offenses of the same class, but with ...
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State v. Bryant
...Truelove, 224 N.C. 147, 29 S.E.2d 460; and State v. Spencer, 239 N.C. 604, 80 S.E.2d 670. These appellants cite and rely on State v. Dyer, 239 N.C. 713, 80 S.E.2d 769 and State v. Bonner, 222 N.C. 344, 23 S.E.2d 45. These cases are distinguishable from the one now before In the Dyer case th......
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State v. Paschall
...alleged to have been committed at different times and places. Denial of a motion to quash was held to be error. See, also, State v. Dyer, 239 N.C. 713, 80 S.E.2d 769. The reason for the rule prohibiting such consolidation or joinder was clearly explained by Mr. Chief Justice Fuller in McElr......
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