Duplicity

' Double pleading. Alleging two or more distinct grounds of complaint or defense wlien one would be as effectual as both or all.8 Because it produces useless prolixity, and tends to confusion, and to the multiplication of issues, regarded as a fault in all pleading.' Predicated of a plea which contains more than one matter. To avoid a multitude of issues in one dispute every plea is to be confined to a single point. "Duplicity begets confusion," that is, defeats the object of all pleading — a single issue upon the same matter. 10 In criminal practice, joining two or more distinct offenses in one count, i' Not applicable to the union of several fact@ in one matter, nor to matters of explanation, nor where but one of the defenses is valid. *L. duplicafus, two-fold: duplicare, to double. = [Toms V. Cuming, 49 E. C. L. 94 (1845). ' Lewis V. Eoberts, 103 E. C. L. ''29 (1861), Erie, C. J. * Benton v. Martin, 40 N. Y. 347 (1869). '1 Whart.Ev. §74; 1 Greenl. Ev. §5S8., « R. S. § 3702. ^ F. duplicitS: L. duplicitatem^ doubleness. ^ [Gould, Plead. 389. Approved,

— Sprouse v. Commonwealth, infra. ' [Sprouse u Commonwealth, 81 Va. 376 (1886), Lacy, J. '"S Bl. Com. 308, 311; 1 Chitty, Plead. 226; 10 Me. 63; 21 N. J. L. 344; 2 Johns. 465; 7 Cow. 452; 10 Vt. 353; 11 F. E. 238. May exist in any part of the pleadin Rs. At common law was a fatal defect, reached by special demurrer; but not now so regarded: in the discretion of the court, tolerated for the fm-therance of justice.' See DiscLAiMEB, 4; Pleadino; Repugnant