55 Ala. 181 | Ala. | 1876
The trial of this cause was upon the second count in the indictment, charging “ that before the finding of the indictment, Dennis Carter, alias Dennis Knox, not being of the age of twenty-one years, did unlawfully deposit his ballot, as his vote, at a general election held in said county on the ,3d day of November, 1874, contrary to law,” &c. This indictment does not show for what the election was held, at which it is alleged that defendant voted while under the age of twenty-one years. It was at a general election held in said county; but the election may have been one held at the suggestion of the county authorities, for the purpose of ascertaining the wishes of the people with respect to the building of a bridge, or the erection of a new court-house,
For this reason, tbe court erred also in its charge to tbe jury, and its refusal to qualify it as asked to do for tbe defendant.
Tbe judgment must be reversed, and tbe cause remanded. Let tbe prisoner remain in custody, until discharged by due course of law.