CHAPTER XXIV. Of joining different offences and persons in the same indictment, and of different courts, for the same offence. Art. 979. No indictment can contain a charge for more offences than one, under the modification hereinafter in this chapter contained. Art. 980. The practice of inserting different charges or counts in an indictment for the same offence, is abolished; but where there is evidence before a grand jury sufficient to prove a fact which is an offence, and the evidence renders it doubtful whether it was done with one or the other of several intents, either of which would aggravate the offence, the jury may charge the intent in the alternative, and the accused may be convicted on the proof of either on the trial. Art. 981. Form of indictment charging the intent in the alternative. "That J. S. on &c. [insert date] at the parish of L., upon one A. B. did make an assault by seizing the said A. B. by the throat with his hands and striking him, &c. with the intent either to murder the said A. B. or to disfigure him, or to do a permanent injury by laming him," &c. Art. 982. In cases of libel it will be sufficient to charge in the indictment that the defendant "made," "published," or "circulated," the libel; and proof of either, according to the definition of those terms in the Penal Code of Crimes and Punishments, will be sufficient. In like manner, an indictment will be good which charges that the defendant either made the counterfeit coin, or a forged instrument, or had the same in possession, with intent to pass, (in cases where such possession is made an offence); or that he knowingly uttered or passed the same, naming the person to whom. Art. 983. In indictments for all offences against private property in which, according to the forms herein before prescribed, it is necessary to aver the name of the owner or possessor of the property, it will be sufficient to state in the alternative that either A. B. or C. D. was such possessor or owner; and in like manner, proof of either will be sufficient. Art. 984. The several persons may be joined in the same indictment in the following cases: The person who gives and he who receives a bribe. The principal, the accomplice, and accessary. The suborner and the perjurer. The employer and the actual assassin, (in cases of assassination for hire.) The adulteress and her paramour. Joint rioters, conspirators, and all others who jointly commit an offence. Art. 985. Although several be joined, yet each defendant may demand and have a separate trial, except in case of adultery, as is before provided for. CHAPTER XXV. Of the mode of making the charge in cases of repetition of the offence. con Art. 986. That the party accused has been before convicted of an offence of the same nature may be stated in the indictment according to the following form: after the charge of the offence add, “and the jurors do further present, that the said J. S. was heretofore in the court of [state the court] in or about the year victed of [state the offence, and if he was more than once convicted, state the same in like manner, and conclude,] wherefore the said jurors present, that the said J. S. hath [a second or third time] committed an offence affecting [private property, according to the nature of the offence."] Art. 987. If the prior convictions are discovered after the time of finding the indictment, but before the trial, the public prosecutor may give notice to the defendant, at any time before the trial, that he will give evidence of such conviction, specifying the offence and the time as is above set forth, and shall then be allowed to give such evidence. Art. 988. If the prior conviction be discovered after conviction, whether sentence be passed or not, the record of the conviction shall be received by the court, and the defendant shall be brought up and required to show cause why the additional punishment should not be inflicted, which he may do by denying that he is the person formerly convicted. If the identity is denied, it shall be tried by a jury, and the burthen of proof shall be on the public prosecutor. |