Page:Federal Reporter, 1st Series, Volume 2.djvu/673

 66Ô FEOEBAIi BEFOBTEr.. �these circulars were, at one time and as one act, deposited in the post-office; nor does the third count in express terms allege the deposit, at one time and as oùe act, of 600 of these circulars ; but I thint the allegations of each of these counts may be fairly construed to. charge the commission of a single offence. To hold otherwise would involve a construction too restrieted and technical ; and I think there can be no doubt, although it might be, under this statute, an ofïence to deposit s single letter or circulat conceming a lottery in the post- office to be carried by mail, that if a number of deposits are charged as made at or about the same time, so that tbey con- sist of a single act, or of successive stages in a single trans- action, then we may properly say that one offence bas been committed, and that an indictment so charging is not obnox- ious to the objection of duplicity. And as these counts charge that on a certain day the defendants deposited in the post- office a certain number of circulars conceming this lottery, to be sent by mail, we may fairly say that there was intended to be and is charged the commission of but one offence ia each count. �An interesting question, as may be readily seen, might arise upon the trial, provided, for example, the proof should show that at different times during the day named these cir- culars, in different quantities, were deposited in the post- office, and it might be that the prosecutor would be required to elect upon which of the transactions he proposed to ask conviction; but without anticipating any such questions I think these counts ought now to be considered as charging single offences. �As to the view that should be taken of the first count I had little doubt at the argument. It is to be observed of this count that it does not charge that on a certain day, and on divers days between that day and the presentment of the bill, a quantity of letters and circulars conceming a lottery were deposited in the post-office to be conveyed by mail, but it charges that on a certain day specifically named, and on each secular day between that day and another day named, and on each secular day between that time and another sub- ����