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The "separate offense" rule states that where the same acts or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one is whether each provision:
a. ​occurred at the same time.
b. ​requires proof of an additional fact which the other does not.
c. ​was a felony or misdemeanor.
d. ​occurred in the same location.

Sagot :

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