Bradley v. State

Citations

• 20 Fla. 738

Syllabus

<p>1. An indictment under sub-Chapiter 4, Section 39 of Chapter 1637, Laws of 1868, charging that the defendant “feloniously did buy, receive and have, and did then and there aid in the concealment • of certain stolen property of,” &c., knowing the said property' to have been feloniously stolen, c%c,, is good, the words “and have ’ ’ being mere surplusage, and not liable to mislead the defendant.</p> <p>2. When a statute makes either of two or more distinct acts, connected with the same general offence, and subject to the same punishment, indictable as distinct crimes, they may, when committed by the same person at the same time, be coupled in one count and constitute but one offence.</p> <p>3. The indictment in such a case might he either for the buying or the receiving, or the aiding in the concealment of the stolen property ; hut where it combines all those offences in one count, it is but one offence, and the punishment is no greater than when but a.single charge, as of buying, is made and established.</p>