STATE v. PIERCE

No. 771SC932.

245 S.E.2d 195 (1978)

36 N.C. App. 770

STATE of North Carolina v. John D. PIERCE and Ricky David Byrum.

Court of Appeals of North Carolina.

June 20, 1978.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Christopher S. Crosby, Raleigh, for the State.

White, Hall, Mullen & Brumsey by Herbert T. Mullen, Jr. and G. Elvin Small, III, Elizabeth City, for defendant appellant John D. Pierce.

Twiford, Trimpi & Thompson by Russell E. Twiford, John G. Trimpi, and Jack H. Derrick, Elizabeth City, for defendant appellant Ricky David Byrum.


PARKER, Judge.

There was no error in consolidating the cases for trial. G.S. 15A-926(b)(2) b.2 provides that charges against two or more defendants may be joined for trial when the offenses charged "[w]ere part of the same act or transaction." Here, each defendant was charged with committing the same breaking and entering, and each defendant was charged with committing larceny after such breaking and entering, albeit of different items of property.

Whether...

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