State v. Bracey

In State v. Bracey, 303 N.C. 112, 277 S.E.2d 390 (1981), the Supreme Court held that a transactional connection may be supported by a trial court's determination that multiple cases have "common issues of fact." 303 N.C. at 117, 277 S.E.2d at 394. The Court pointed out that "it is crucial to note the trial judge's ruling was based on commonality of facts and not just on a commonality of crimes." Id. In Bracey, the following evidence was sufficient to support a commonality of facts: The evidence in the three cases shows a similar modus operandi and similar circumstance in victims, location, time and motive. All the offenses occurred within ten days on the same street in Wilmington. All occurred in the late afternoon. In each case, two black males physically assaulted the attendant of a small business and took petty cash from the person of the victim or the cash box of the business. The assaults were of a similar nature. Each was without weapons, involved an element of surprise and involved choking, beating and kicking the victim. In each case, the robbers escaped on foot. 303 N.C. at 118, 277 S.E.2d at 394.