48 S.C.L. 169 | S.C. Ct. App. | 1867
The opinion óf the Court was delivered by
The joinder of two or more really distinct burglaries in separate counts in the same indictment, with a
If really distinct felonies be charged in separate counts of an indictment, no objection, in point of law, can be made on this account. But it is a proper exercise of the discretion of the Judge, in such case, to require the prosecuting officer to select one of the felonies and confine himself to it. 1 Archb. Cr. Pl. & Pr. 95. The reason usually assigned is, that, by the multiplication of distinct charges, the prisoner may be confounded in his defence, or prejudiced in his challenges, or the attention of the jury may be distracted. A motion of the prisoner’s counsel is not to be waited for in such case. We think the course here indicated ought to have been pursued
A new trial is granted.
New trial ordered.