FINCHER v. COMMONWEALTH


186 S.E.2d 75 (1972)

212 Va. 552

John FINCHER v. COMMONWEALTH of Virginia (two cases).

Supreme Court of Virginia.

Rehearing Denied March 6, 1972.


Attorney(s) appearing for the Case

John W. Wine, Leesburg, for plaintiff in error.

James E. Kulp, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN, and HARMAN, JJ.


PER CURIAM.

The questions for decision in this case are: (1) Did the trial court have authority to consolidate for trial separate indictments against John Fincher, the defendant? (2) If the court had such authority, did it improperly order consolidation?

The defendant was arraigned on two indictments, one for burglary and the other for possession of burglarious tools with intent to commit burglary or larceny. Upon motion of the Commonwealth and over objection...

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