But to this rule there is an exception. Two or more felonies may be joined in different counts in the same indictment where they constitute or grow out of the same transaction. Thus, burglary and grand larceny may be joined in different counts in the same indictment if they constitute but one transaction;25 likewise embezzlement and larceny, or larceny and receiving stolen property, where they refer to one transaction.26 So, where several articles of property are stolen at the same time and place, the whole, although belonging to different owners, may be embraced in one count of the indictment, and the taking charged as one offense.27 So, administering poison to three persons at the same time by the same act, or murdering two or more persons at the same time by the same act may be stated in the same count or indictment.28 Also where a statute enumerates several things in the alternative, it is usually construed but a single act or offense, and all the acts so enumerated may be stated in the same count by using the word and, and connecting29 the several acts as one. So, on the same principle, a felony and misdemeanor maybe joined in the same indictment in different counts, though based on different statutes, but all the counts must relate to the same transaction.30

23 State vs. Goodwin, 33 Kan., 538. 24 People vs. Van Alstine, 57 Mich., 69. 25 Speers vs. Com., 17 Gratt. (Va.), 570. 26 Waters vs. People, 104 Ill., 546. 27 Waters vs. People, 104 Ill., 547;

State vs. Hennessey, 23 Ohio St., 339.

28 Hughes' Cr. Law, Sec. 2720; Ben vs. State, 22 Ala., 9. 29 Hughes' Cr. Law, Sec. 2721;

Blemer vs. People, 76 Ill., 271;

Seacord vs. People, 121 Ill., 629; Bradley vs. State, 20

Fla., 738.