78 Pa. Super. 294 | Pa. Super. Ct. | 1922
Opinion by
The defendants were indicted and tried on two counts: The first, of an executed conspiracy to violate the primary election laws of the Commonwealth (Act of July 9, 1919, P. L. 839), by falsely and unlawfully making a record of votes cast at said election upon the official tally sheets, before the poll was closed and the ballot box had been opened and the ballots counted, and before they could have legally ascertained what number of votes had been cast at said eléction for any of the candidates voted for thereat; the second, of inserting false figures in the said tally sheets. They were acquitted on the second count and convicted on the first. On appeal to this court the judgment was reversed and a new trial awarded (see Com. v. Gormley et al., 77 Pa. Superior Ct. 298). On the second trial upon the first count, they were again convicted and these appeals followed.
The sole ground of reversal in the prior appeals was that the trial judge refused to permit the introduction of evidence, with respect to the count for conspiracy, tending to show the absence of any unlawful intent or corrupt motive on the part of the defendants, in the doing of the acts complained of as the basis of that charge. We nowhere intimated that the testimony produced by the Commonwealth was not sufficient to take the case to the jury; we only decided that the jury should have been permitted to pass upon the motive or intent of the defendants, as to whether it was criminal or not, and this was done on the present trial. Where
There was sufficient evidence in the case of a conspiracy on the part of the defendants to commit a crime, essentially wrong, and made punishable by our laws, to take the case to the jury and the trial judge committed no error in refusing to direct a verdict of not guilty. The first, ninth and twentieth assignments of error are overruled.
The assignments which relate to the action of the court below in permitting the Commonwealth to reopen its case and introduce testimony tending to show that the defendants had actual knowledge of the provisions of the act of assembly alleged to have been violated, and refusing, subsequently, to strike out such evidence, must also be overruled. The order of procedure in a trial is largely within the discretion of the trial court: Com. v. Eisenhower, 181 Pa. 470, 476; and this discretion is
The remaining assignments do not merit special or extended consideration. It was not error to admit in evidence the ballot box and contents, and account for the failure to produce the ballots themselves at the trial by showing that when first impounded by the sheriff,
The assignments of error in the several appeals are all overruled; the judgments are affirmed and it is ordered that the several defendants appear in the court below at such time as they may be respectively there called and that they be by that court committed until they have complied with their respective sentences or any part thereof that had not been performed at the time the several orders of supersedeas were entered.