People v. Kane

The stress of counsel in argument and in brief is upoh the alleged duplicity, and therefore I shall consider first the grounds of the objection that three separate and distinct crimes, namely, violation of law, evasion of law, and fraud, are charged in the single count of this indictment. The fact that the statute is expressed in disjunctives, while the indictment employs conjunctives,—violating “ and ” evading “ and ” committing a fraud,—is not fatal. Aside from the grave question whether a statutory misdemeanor can be charged in the disjunctive, it is clear that a charge in the form…