State v. Fitzsimon

One of the principal reasons urged by the defendant in support of his position for a new trial, is the joinder in the indictment of a count for assault with intent to commit rape, with a count for burglary, whereby he alleges that he was embarrassed and prejudiced in his trial, the court below refusing to compel the attorney general to elect upon which of said counts he would go to the jury. At the common law, the general rule of practice was to allow several felonies, or several misdemeanors, to be charged in several counts of the same indictment, but not to allow of the joinder of a felony…