2.12 Use Of The Word “and” In The Indictment

• Currency: 2023
• Year: 2023
• Section: Chapter 2 Defining The Crime And Related Matters

2.12 USE OF THE WORD “AND” IN THE INDICTMENT

Although the indictment charges that the statute was violated by acts that are connected by the

word “and,” it is sufficient if the evidence establishes a violation of the statute by any one of the

acts charged. Of course, this must be proved beyond a reasonable doubt.

Use Note

If the court incorporates the indictment into the instructions, the court may consider

changing the word “and” in the indictment to “or,” or the court may consider giving this

instruction.

Committee Commentary 2.12

(current through March 1, 2023)

See United States v. Budd, 496 F.3d 517, 528 (6th Cir. 2007), citing United States v.

Hathaway, 798 F.2d 902, 913 (6th Cir. 1986); see also United States v. Jones, 533 F. App’x 562,

572 (6th Cir. 2013) (unpublished).

See also Committee Commentary to Inst. 8.03B Unanimity Not Required – Means.