election of counts

election of counts
The doctrine under which the prosecution may be required to elect on which charge it will proceed to the trial under an indictment which is in two or more counts for separate and distinct offenses. 27 Am J1st Indict § 133. The doctrine that a plaintiff, who has misjoined causes of action in his declaration, complaint, or petition will be required upon motion of the adverse party to elect upon which cause of action or count he will proceed in the action. 41 Am J1st Pl § 357.

Ballentine's law dictionary. . 1998.

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