 | United States. Circuit Court (7th Circuit), John McLean - Law reports, digests, etc - 1856 - 686 pages
...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,... | |
 | Nicholas St. John Green - Criminal law - 1879 - 838 pages
...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 - Criminal law - 1874 - 834 pages
...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 - Criminal law - 1879 - 698 pages
...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 - Criminal law - 1881 - 766 pages
...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!)... | |
 | Law - 1893 - 254 pages
...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... | |
 | Law - 1914 - 448 pages
...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 - Law reports, digests, etc - 1884 - 1116 pages
...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.... | |
 | Law reports, digests, etc - 1894 - 1156 pages
...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... | |
 | John Davison Lawson - Actions and defenses - 1885 - 1126 pages
...second 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...be considered as representing a stage In the same offense, It has been repeatedly held that they may be coupled in one count. Thus, setting up a gaming... | |
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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. 
