Disjunctive Allegations

In pleading. Allegations which charge a party disjunctively, so as to leave it uncertain what 'is relied on as the accusation against him. An indictment, information, or complaint which charges the defendant vsdth one or ■other of two offenses, in the disjunctive, as «ihat he murdered "or" caused to be mur ■ dered, forged "or" caused to be forg«>d, Wrote and published "or" caused to be ■wfritten and published, is bad for uncertainty. 8 Mod. 330; 1 Salk. 342, 371; 2 Stranj^e, 900; Cas. temp. Hardw. 370; 5 Barn- & C. 251; 2 Car. & K. 243; 1 Younge & J. 22.

Allegations which charge a party disjunctively, so as to leave it uncertain what is relied on as the accusation against him. An indictment, information, or complaint that he murdered or caused to be murdered, forged or caused to be forged, wrote and published or caused to be written and published, is bad for uncertainty; l Salt 342, 371; 2 Stra. 900: 5 B. & C. 251; 1 0. A K. 2 Y. & J. 22. An indictment which averred that s. made a forcible entry into two of meadow or pasture was held to be bad; 2 Rolle, Abr. SI. A complaint which alleges an unlawful sale of jpii "spirituous or Intoxicating liquor" is had for uncertainty; Oom. v. Grey, L' Gray (.Mass.) 501, 01 Am. Dee 476. So is an Information which alleges that N. sold beer or ale without an excise licen Dowl. & R. 14.':. And the same rule applies if the defendant is charged in two different characters in the disjunctive: as, quod a ex- Istena servua -sire deputatus, took, etc.; 2 Rolle, Abr. 263.