This section is from the book "Popular Law Library Vol10 Criminal Law, Criminal Procedure, Wills, Administration", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
Only one felony can be charged in an indictment. In other words, separate and distinct felonies can not be joined in the same indictment.19 But the same felony may be charged in different ways in different counts of the same indictment.20 Thus, an indictment for murder may charge in one count the killing by shooting the deceased with bullets, and in another count by striking him on the head with a gun. It is the same murder charged in two different ways in two different counts of the same indictment.21 According to this rule, an indictment which charges the forging of three different receipts of three different persons to the same document, states three different felonies, and hence is bad for duplicity.22 So, where a count in an indictment or information charges that a female was taken away by the accused for prostitution and concubinage, it charges two different felonies.23 So an indictment charging in one count that the accused forged and uttered an instrument is bad, in that it states two distinct felonies.24
16 U. S. vs. Carll, 105 U. S., 611.
17 State vs. West, 10 Tex., 555;
State vs. Bardwell, 72 Miss., 535; State vs. Jackson, 39 Conn., 229; State vs. Mitchell (W. Va.), 35 S. E., 845.
18 Moore vs. People, 160 U. S., 268.
19 Kolter vs. People, 150 Ill., 441;
Glover vs. State, 109 Ind., 391;
Langford vs. People, 134 Ill., 450. 20 Boes vs. State, 125 Ind., 205. 21 Guedel vs. People, 43 Ill., 226. 22 Kolter vs. People, 150 Ill., 441;
Tobin vs. People, 104 Ill., 567.
 
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