United States v. Pacific & A. Ry. & Nav. Co.

Citations

• 5 Alaska 43

Syllabus

<p>Indictment and Information <&wkey;132(3)—Two Offenses Charged— Election.</p> <p>An indictment was returned against the defendants containing six counts. The United States district attorney moved that all the counts except count No. 1 be stricken and dismissed, and gave notice that he elected to try the defendants on count No. 1 remaining. On objection to the motion offered by the defendants, held, while the statute provides “that the indictment must charge but one crime and in one form only,” where an indictment is returned with several counts, the prosecution may elect upon which one to try the accused and dismiss the others, and the indictment will not be quashed for containing several counts, where there is a severance and a dismissal of all but one.</p> <p><§=>See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>