98 Ky. 394 | Ky. Ct. App. | 1895
delivered the opinion of the court.
On the 17th of November, 1894, the grand jury of Jefferson
A demurrer was filed by the defendant to the indictment, and properly overruled by the court.
A trial resulted in a verdict of not guilty, and defendant was discharged, and the Commonwealth has appealed and insists that the court erred in refusing to permit the Commonwealth to prove by more than sixteen voters of said precinct, that they had voted for said Edmunds at said time and place, and that their ballots were properly stamped, received and deposited in the ballot-box, said voters being willing and ready to testify as to their voting.
The correctness of the ruling complained of seems to be the only question for consideration upon this appeal. It may be conceded the testimony offered was material and might, if admitted, have convinced the jury that the aver-ments in the indictment were true. Yet the intent of the law-makers seems to have been'to provide an absolutely
For the reasons given the judgment of the court below is affirmed.