Watson v. Ferguson

In Watson v. Ferguson, 166 W.Va. 337, 274 S.E.2d 440 (1980), the Court set forth a new procedural rule to address a recent change in our double jeopardy law which required that a defendant who committed multiple offenses arising out of the same transaction be tried for the offenses in one trial. The purpose of the new rule was to "to require the defendant to be tried in a single trial on similar offenses or multiple offenses arising out of the same transaction." 166 W.Va. at 344, 274 S.E.2d at 444. According to Syllabus Point 1 of Watson: "A defendant shall be charged in the same indictment, in a separate count for each offense, if the offenses charged, whether felonies or misdemeanors or both, are of the same or similar character, or are based on the same act or transaction, or are two or more acts or transactions connected together or constituting parts of a common scheme or plan."