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STATE v. GREENE

No. 7625SC114.

227 S.E.2d 154 (1976)

30 N.C. App. 507

STATE of North Carolina v. Thurston GREENE and Johnny Presnell.

Court of Appeals of North Carolina.

August 18, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Charles J. Murray, Raleigh, for the State.

Hatcher, Sitton, Powell & Settlemyer, P. A. by Claude S. Sitten, Morganton, for defendants-appellants.

PARKER, Judge.

There was no error in consolidating the cases for trial. The defendants were charged with committing identical offenses at the same time and place. Whether defendants so charged should be jointly or separately tried is within the sound discretion of the trial court, and in the absence of a showing that a joint trial deprived a defendant of a fair trial, the exercise of the court's discretion will not be disturbed...

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