 Where a statute makes two or more distinct acts, connected with the same transaction, indictable, each one of which may be considered as representing a stage in the same offense, it has in many cases been ruled, they may be coupled in one count.  Criminal abortion - Seite 171von Horatio Robinson Storer - 1868 - 215 SeitenVollansicht - Über dieses Buch
 | United States. Circuit Court (7th Circuit), John McLean - 1856 - 686 Seiten
...iecond count of the indictment. We are satisfied that the second count is not defective for duplicity. When a Statute makes two or more distinct acts, connected...considered as representing a stage in the same offence, it has been repeatedly held that they may be coupled in one count. Thus, setting up a gaming table,... | |
 | Massachusetts. Supreme Judicial Court - 1866 - 726 Seiten
...separate processes and operations may be actually used to accomplish it. It is a well settled principle that when a statute makes two or more distinct acts,...progress of its commission may be coupled in one count. Whart. Grim. Law, § 390 & cases cited This principle has often been recognized and sanctioned in this... | |
 | Nicholas St. John Green - 1879 - 838 Seiten
...honorable court above. • SARGENT, CJ The first exception is not well taken. Where the same section of a statute makes two or more distinct acts connected...considered as representing a stage in the same offence, they may usually be coupled together, not only in the same indictment, but in the same count. 1 Whart.... | |
 | Francis Wharton - 1874 - 834 Seiten
...successive stages in an offence are united in statute. — Where a statute, as has already been observed, makes two or more distinct acts, connected with the...considered as representing a stage in the same offence, it has in many cases been ruled they may be coupled in one count. v Thus, setting up a gaming table,... | |
 | Jacob Conrad Davis - 1879 - 698 Seiten
...159; People v. McKinney, 10 Mich., 54, 95; People v. VanSickle, 29 Ib., 63. Where the same section of a statute makes two or more distinct acts, connected with the same transaction iudictable, each one of which may be considered as representing a stage in the same offense, they may... | |
 | George Clark - 1881 - 766 Seiten
...apprehended by reason thereof, the court may quash on that ground, Lewcllen v. S., 18 T. 538 ; and if a statute makes two or more distinct acts, connected...considered as representing a stage in the same offence, it is permissible to charge both acts conjunctively as constituting one offence. Phillips r. S.,2!)... | |
 | 1893 - 254 Seiten
...which was then due and payable to the State, and its non-payment to the State Treasurer when required. "When a statute makes two or more distinct acts connected...each one of which may be considered as representing a phase in the same offense, it lias, in many cases, been ruled that they may be coupled in the one count... | |
 | 1914 - 448 Seiten
...below. In Wharton's Criminal Pleading and Practice, ninth edition, 251, the text-writer says: " Where a statute . . . makes two or more distinct acts connected...each one of which may be considered as representing a phase in the same offense, it has in many cases been ruled that they may be coupled in one count. Thus,... | |
 | Florida. Supreme Court - 1884 - 1116 Seiten
...as used in the indictment, is not embodied in the statute, and may be treated as surplusage. "Where a statute makes two or more distinct acts, connected...considered as representing a stage in the same offence, it has, in many cases, been ruled that they may be coupled in one count." 1 Wharton's Crim. L., §390.... | |
 | 1894 - 1156 Seiten
...statutory offenses conjunctively, when they are not repugnant. It Is observed by Wharton that where a statute makes. two or more distinct acts connected...each one of which may be considered as representing a phase in the same offense, it has been ruled that they may be coupled in one count. Whart Cr. PI. g... | |
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