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STATE v. WYATT

No. 7023SC493.

176 S.E.2d 386 (1970)

9 N.C. App. 420

STATE of North Carolina v. James Hubert WYATT and Douglas Anderson.

Court of Appeals of North Carolina.

September 16, 1970.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Staff Atty. Roy A. Giles, Jr., Raleigh, for the State.

Jerry D. Moore, Moore & Rousseau, North Wilkesboro, for defendant appellant James Hubert Wyatt.

Julius A. Rousseau, Jr., North Wilkesboro, for defendant appellant Douglas Anderson.

PARKER, Judge.

WYATT'S APPEAL

Appellant Wyatt first assigns as error the trial court's consolidation of the cases for purposes of trial. Under the circumstances disclosed by the record before us consolidation was a matter for the sound discretion of the trial court. There is no showing that the joint trial has deprived appellant in any way of a fair trial, and the exercise of the court's discretion will not be disturbed upon this appeal. State v. Fox,

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