Title 16, Chapter 1, Section 7
( 16-1-7)
(a) When the same conduct of an accused may establish the commission
of more than one crime, the accused may be prosecuted for each
crime. He may not, however, be convicted of more than one crime if: (1) One crime is included in the other; or (2) The crimes differ only in that one is defined to prohibit a
designated kind of conduct generally and the other to prohibit a
specific instance of such conduct. (b) If the several crimes arising from the same conduct are known to
the proper prosecuting officer at the time of commencing the
prosecution and are within the jurisdiction of a single court, they
must be prosecuted in a single prosecution except as provided in
subsection (c) of this Code section. (c) When two or more crimes are charged as required by subsection
(b) of this Code section, the court in the interest of justice may
order that one or more of such charges be tried separately. |