...of the Reporter. 1. Indictment — Duplicity. — In order to constitute duplicity in an indictment, two or more.... — Repugnancy in an indictment is where two inconsistent allegations are pleaded in the same count. 4. Same — Theft — Counts — Allegations in of Different Ownership. — Where the...two different counts in an indictment for theft alleged that the stolen property belonged to different persons, Held, the indictment was neither repugnant nor duplicitous...

...S.W. 367, stated: "Duplicity in an indictment is the joinder of two or more distinct offenses in one count . . . . "In the matter of principle, it would...with respect to allegations in an indictment and the certainty required apply also to an information." Articles 27.08 and 27.09, V.A.C.C.P., enumerate the causes...that, as stated in 30 Tex.Jur.2d, Indictment and Information, Sec. 13: "An indictment or information consists of four prominent parts: (1) the caption, (2...

..., 66 Tex. Crim. 416; Green v. State, 66 Tex.Crim. Rep.. This court, in the Tucker case, supra, quoting from 1 Bishop Crim. Proc., sec. 443, holds: `Duplicity in an indictment is...offense in the same count in an indictment or information, that it can be waived, and unless raised by motion to quash or in limine, it cannot thereafter be relied upon. There is as much legal objection to duplicity based...held void, and further concluding that if void an indictment can be attacked at any time. The cases cited will be found in each instance to reflect a motion to quash in limine, which should have been sustained. Duplicity is...

.... He apparently bases this argument on the fact that his indictment contained three separate charges of armed robbery. Under the provisions of Section 2941.04, Revised Code, an indictment may charge two or more different offenses of the same class of crimes or offenses under separate counts. This was done in the present instance. Petitioner's indictment consisted of three counts, each charging a single and separate offense of armed robbery. This is not duplicity. Duplicity..., Indictments and Information, Section 63. The charging of separate offenses in separate counts in an indictment does not constitute duplicity. Petitioner's...— Validity of indictment — Separate offenses — Duplicity — Double jeopardy — Separate counts consolidated for trial — Right of appeal — Procedural errors not considered in habeas corpus proceeding...

...indictment. R. 3:7-6; State v. Weleck, 10 N.J. 355, 375 (1952); State v. Torrance, 41 N.J. Super. 445 , 452-453 (App.Div. 1956), cert. den. 23 N.J. 59 (1956); State v. Bolitho, 103 N.J.L. 246 , 263 (S.Ct. 1927), aff'd 104 N.J.L. 446 (E. A. 1927). Duplicity in an...been submitted to the jury. The State now appeals the grant of the motion to dismiss the indictment. Separate and distinct offenses may not be joined in a single count of an...clerk for an illegal lottery, contrary to N.J.S.A. 2A:121-3(a), and the possession of lottery slips and paraphernalia, contrary to N.J.S.A. 2A:121-3(b). The first count, in addition to charging...

.... Duplicity in an indictment is the charging of more than one offense in one count.... Appellant contends that the indictment was duplicitous in that each count contained an allegation of commission of several distinct and separate offenses in violation of Rule 8(a...: Appellant was charged by indictment in eight counts with violations of Title 18 U.S.C. § 1010...

...the offenses in section 912, "acting as" an officer and "obtaining money in such character," and thus the indictment suffered from duplicity...). Charging two offenses in one count of an indictment is contrary to Rule 8(a) of the Federal Rules of Criminal Procedure, which provides that an indictment contain "a separate count for each offense." Id. The joining in a single count of two or more distinct offenses is termed "duplicity." See...section 912 and was not duplicitous). Duplicity in an indictment would constitute reversible error only if Aguilar was misled "to his prejudice." Fed.R.Crim.P. 7(c)(3...

...manner and to the same extent, as nearly as may be, apply to information and all prosecutions and proceedings thereon." The claim of duplicity in an indictment cannot be raised.... INDICTMENT reading of the information shows that the intent AND of the county attorney in preparing the same was INFORMATION: to charge appellant with the crime of duplicity: maintaining a nuisance; and to...— INDICTMENT AND INFORMATION: Sufficiency — Waiver. et seq.) Jurisdiction During Vacation. INDICTMENT AND INFORMATION: Duplicity — Waiver. The claim that 3...

..., 136 F.2d 868, at 872: " Duplicity in an indictment means the charging of more than one offense, not the charging of a...: " Duplicity' in an indictment generally means the charging of two or more separate and distinct offenses in one count, not the charging of a single offense into which...venue. The District Court, Oliver J. Carter, J., held that count of indictment charging use of wire communication facilities in interstate commerce over three-month period for placing wagers on...

...to "the well-settled legal rule that a count in an indictment cannot be utilized for the purpose of joining separate and distinct offenses even though of a like nature," State v. Bolitho, 103 N.J.L. 246 , 263 ( Sup. Ct. 1927), affirmed 104 N.J.L. 446 ( E. A. 1927). Duplicity in...Constitution of 1844 it was recognized that the granting or denial of a motion to quash an indictment was only reviewable in the former Supreme Court by writ of certiorari for abuse of...the indictment undertakes to charge the defendant with misconduct in office, an indictable common law offense and therefore within the purview of R.S. 2:103-1 which provides that "* * * all...

..., use of the mails to defraud. If that is right there is no duplicity in an indictment which charges the statutory crime in the alternative language...the District of Columbia as well as one in Pennsylvania. And such an indictment is not bad for duplicity. The conviction was, therefore...the defendants were prosecuted and convicted in the District of Columbia upon an indictment which charged in one count that they "did place and caused to be placed" in a Scranton, Pennsylvania, post...

...charge levied against the defendant. "Duplicity in an indictment means the charging of two or more separate and distinct offenses in one count, not the charging of a single offense.... In Department. 1. INDICTMENT AND INFORMATION — Robbery — Contention — Dual Charge..., 39-3-4, which provides that although more than one crime against a person and arising out of the same act may be joined in the same indictment, separate crimes shall be alleged in separate counts...

.... "Duplicity in an indictment . . . constitute[s] reversible error only if it is prejudicial. United States v. Aguilar, 756 F...States. The government filed an information charging Nunez-Beltran with one count of improper entry by an alien in violation of 8 U.S.C.... We now affirm. 1. "An indictment is considered duplicitous if a single count combines two or more different offenses...

.... Chap. 22, 38, Leg. 2nd called session, which prescribes several acts, either or all of which many constitute an offense under such act, has been repeatedly held valid, and an indictment brought under said act is not duplicitous, because alleging more than one act as constituting the offense, and beside this, duplicity in an...offense." If the position taken by the appellant is sound, which is not conceded, the alleged duplicity of the indictment would not be available after verdict in the absence of a...view, we presume that the action of the trial court, was in all things correct. ON REHEARING. 5. — Same — Indictment — Held, Not Duplicitous — Statute Construed...

.... Id. at 64-65. (Citations and footnote omitted). This rule regarding duplicity in an indictment or in other charging documents is...may be charged in a single count. In other words, an indictment charging two or more substantive offenses in the same count is objectionable as being duplicitous. * * * This rule has been recognized in...: When a statute creates an offense and specifies several different acts, transactions, or means by which it may be committed, an indictment for violation thereof may properly allege the offense in one...

...be proved, does not cure the duplicity in an indictment for unlawful liquor selling, which charges defendant with some acts disjunctively, any one of which constituted a crime, and with other acts...could not be authority for the proposition that the right to a bill of particulars would cure the duplicity in an indictment which charged the defendant with some acts disjunctively, any one of which...between it and a later statute, only to the extent of the inconsistency. p. 683 An indictment charging, in the words of the statute, that defendant unlawfully sold "spirituous, vinous...

...in the possession of the defendant at the same time and place. 8. Indictment — duplicity, when and how objection made. While it is true that objection for duplicity in an indictment...single count. "Duplicity in criminal pleading is the joinder of two or more distinct and separate offenses in the same count of an indictment or information." 27 Am. Jur., Indictments and.... 705, 27 So. 639, it was said that "objection cannot be made after verdict to an indictment bad for duplicity"; and the Court cited what is now Sec. 2436, Code of 1942. It is apparent that appellant in the...

...argues that where one is charged with a number of embezzlements from separate individuals, in separate amounts, such charges cannot be joined in one count of an indictment. . . . Duplicity in an.... The indictment here sounded in conspiracy and in short alleged that defendant Walter, who was an assistant United States district attorney in charge of the grand jury, conspired.... The grounds urged in the motion to quash the indictment are (1) there is no charging clause in the indictment as to the crime of conspiracy; (2) the indictment does not state an...

...latter cited case it is said, "Duplicity in an indictment means the charging of more than one offense, not the charging of a single offense committed in more than one way. Duplicity may be applied.... It is offered for sale as a liquid and as an ointment. The immediate containers of the product are labeled and packed in cartons or boxes which contain advertising matter related to the efficacy of...preparations. He has been so employed by Vitamin Research Company who manufacture synthetic vitamins. In his clinic a Medical Doctor diagnoses and prescribes. An assistant in the clinic is Dr. Beal, for some...