Page:Federal Reporter, 1st Series, Volume 4.djvu/908

 894 FEDERAL REPORTER. �to the last of such acts, and to proceed thereon for ail or any of them." �I do not know whether this section bas been construed by the English courts. I doubt not but it bas, for tbere may bave cases arisen in wbicb more tban tbree separate takings bave been charged in the same indictment. It seems to me that the seventeentb section, wbicb foUows, would eeem at least to indicate that it was in the mind of the legis- lators that tbere migbt be a different effeet in case tbere was a joinder of more counts or acts in a single count tban is provided in that section; that is, tbere migbt be a different effeet upon the indictment tban the one claimed by learned counsel for defendant, for section 17 provides: "If, upon the trial of any indictment for larceny, it sball appear that the property, alleged in sucb indictment to bave been stolen at one time, was taken at different times, the prosecutor sball not, by reason tbereof, be required to elect upon wbicb tak- ing be will proceed, unless it sball appear that tbere were more tban tbree takings, or that more tban the space of six calen- dar montbs elapsed between the first and the last of sucb takings; and in eitber of sucb last-mentioned cases the prosecutor sball be required to elect to proceed for sucb num- ber of takings, not exceeding tbree, as appear to bave taken place witbin the period of six calendar montbs from the first to the last of sucb takings." �Tbe first section limits the number wbicb may be included in a single indictment, and if the effeet of that limitation is to make void ail indictments wbicb sbould be returned by a grand jury wbicb contain more tban the tbree takings, the number limited, and witbin a greater period of time tban the six montbs, tben tbere would be no need under any circum- stances, altbougb more tban tbree takings in a period of more tban six montbs sbould be included in a single count in an indictment, of requiring the party to elect, because the proceeding would stop at once. Altbougb it may not be in tbree different counts setting fortb tbree takings, yet if the evidence shows that tbere is included in a single count more ihan tbree takings, and the takings wbich are included covei ����