California, United States of America
The following excerpt is from People v. Moreno, 108 Cal.Rptr. 338, 32 Cal.App.3d Supp. 1 (Cal. Super. 1973):
The court distinguished People v. Ruiz, 48 Cal.App. 693, 192 P. 327, where the three acts of attempted intercourse occurred respectively (1) 15 minutes apart (so a total of 30--40 minutes) at (2) locations about one-half mile or more apart and (3) with a witness present on one of the occasions and not the others.
In People v. Ruiz and People v. Castre Supra the opinions emphasized the unfairness of letting two separate acts or crimes go to the jury on the same count so there is no way to tell whether 12 jurors agreed that the defendant committed any one of them.
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