State v. Owens

(dissenting) — The rule of law announced in the majority opinion is not, as I understand it, one of uniform application or supported by what may be called the decided weight of authority. Indeed, the Federal cases upon which the opinion chiefly rests indicate such a diversity of opinion as to warrant us in holding that, in adopting the Federal statute on joining counts in an indictment or information, the legislature did not thereby adopt any rule of construction upon the point now under consideration.

The rule, no doubt, is that, where several counts charging different offenses are contained…