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STATE v. WHILHITE

No. 8118SC910.

289 S.E.2d 111 (1982)

STATE of North Carolina v. Benny C. WHILHITE and John Edgar Rankin.

Court of Appeals of North Carolina.

March 16, 1982.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. David Roy Blackwell, Raleigh, for the State.

Moses & Murphy by Pinkney J. Moses, Greensboro, for defendant-appellant.

ARNOLD, Judge.

Defendant's first assignment of error is that the trial court erred in allowing a joint trial of defendant and Whilhite and in not requiring the State to make the election required by G.S. 15A-927(c)(1) when defendant objected to joinder and moved for severance. The statute on which defendant relies provides that:

(1) When a defendant objects to joinder of charges against two or more defendants for trial because an out-of-court statement of...

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