Frank

By respective counts in an indictment filed against him, defendant was accused of the commission of each of the criminal offenses of robbery and burglary. By a separate information, defendant also was accused of the crime of assault with a deadly weapon with intent to commit murder, alleged to have been committed more than four months after the date when the robbery and the burglary offenses were committed. Over the objection of defendant, by order of the trial court, all the several charges against defendant were consolidated for the purpose of trial. Following his conviction on each of the said charges, defendant has appealed to this court from the ensuing judgment, as well as from the order by which his motion for a new trial was denied.

Appellant urges the point that in ordering the consolidation of the two actions the trial court committed error which was prejudicial to the substantial rights of defendant.

It seems to be conceded by respondent that, in the absence of a statute by which a consolidation of causes of the nature of those herein involved is authorized, the trial court was in error in making the order in question. But it is asserted that the provisions of section…