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STATE v. McVAY

No. 66.

177 S.E.2d 874 (1970)

277 N.C. 410

STATE of North Carolina v. Danny McVAY. STATE of North Carolina v. Woodrow SIMMONS.

Supreme Court of North Carolina.

December 16, 1970.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Asst. Atty. Gen. Millard Rich, Jr., for the State.

W. Herbert Brown, Jr., Charlotte, for defendant-appellant McVay.

James J. Caldwell, Charlotte, for defendant-appellant Simmons.

BOBBITT, Chief Justice.

Defendants excepted to and assign as error the consolidation for trial of the four indictments. This assignment is without merit. The State's motion for consolidation was addressed to the sound discretion of the presiding judge. State v. Yoes, 271 N.C. 616, 641, 157 S.E.2d 386, 406, and cases cited. There is no basis for a contention that he abused his discretion. Ordinarily...

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