§22-404. Single offense to be charged - Different counts.
130 words·~1 min read·
/ok/title-22-criminal-procedure/22-404A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The indictment or information must charge but one offense, but where the same acts may constitute different offenses, or the proof may be uncertain as to which of two or more offenses the accused may be guilty of, the different offenses may be set forth in separate counts in the same indictment or information and the accused may be convicted of either offense, and the court or jury trying the cause may find all or either of the persons guilty of either of the offenses charged, and the same offense may be set forth in different forms or degrees under different counts; and where the offense may be committed by the use of different means, the means may be alleged in the alternative in the same count.
R.L.1910, § 5741.