STATE v. COOK

No. 8026SC254.

269 S.E.2d 743 (1980)

STATE of North Carolina v. Roy Benjamin COOK and Fern Warren Whitaker.

Court of Appeals of North Carolina.

September 16, 1980.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Dennis P. Myers, Raleigh, for the State.

Lindsey, Schrimsher, Erwin, Bernhardt, Hewitt & Beddow by Laurence W. Hewitt, Charlotte, for defendant Roy Benjamin Cook.

Mecklenburg County Public Defender Theofanis X. Nixon, Charlotte, for defendant Fern Warren Whitaker.


ARNOLD, Judge.

Both defendants assign error to the court's ruling allowing joinder of the cases for trial. Defendant Cook questions the propriety of granting the prosecutor's motion for consolidation, while defendant Whitaker questions the denial of his timely motion to sever. Both contentions are incorrect.

N.C.G.S. 15A-926(b)(2)a authorizes consolidation or joinder of defendants for trial on the written motion of the prosecutor when "each of the defendants...

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