92 Pa. Super. 175 | Pa. Super. Ct. | 1927
Argued October 5, 1927.
The defendant has appealed from a conviction in the Court of Quarter Sessions of Philadelphia County on *177
three indictments in one of which the charge was that as a judge of elections at the primary election held on September 15, 1925, in the fortieth election district of the Twenty-fourth Ward of Philadelphia, he permitted persons to vote who were not qualified to do so at the election then held. A second indictment charged the defendant and others, acting as an election board at the said primary election, with certifying a return of said election as correct when they knew that the same was not true. In the third indictment, the appellant and the other persons alleged to have been members of the election board were charged with adding fictitious names to the list of voters, and in a second count with conspiracy to add such names. When the cases were called for trial, the defendants stood mute and pleas of not guilty were directed to be entered. The cases were tried together and were presented to the jury on the evidence introduced by the Commonwealth, no testimony having been offered by the defendant. A verdict of guilty was returned on each indictment. It is now urged by the appellant's counsel that binding instructions should have been given for the defendant for the reason that the evidence did not show the appellant was an election officer, secondly that evidence introduced to show the appellant was a candidate for judge of elections in that district at the prior election for such officer was incompetent; and thirdly, that there was a lack of evidence of specific acts of criminal misconduct on the part of appellant and his co-defendants to support a conviction either of actual fraud or conspiracy in the conduct of the election. We have carefully examined the evidence presented in the record and are not convinced that any of the positions taken can be maintained. That a gross fraud was perpetrated in the return of the votes cast at the election in question seems not be be disputed. *178
It was charged, and the uncontradicted evidence tends to show, that numerous names appeared on the list of voters in the return made, some of whom were dead, and others of whom did not reside in the district and did not vote. It was objected, however, that it does not appear that the appellant was judge of the election or that he had any responsibility with respect thereto. That he was present at the election and participated in some measure in the conduct of it was shown in the evidence. His name appears as judge in the return made of the election and also in the voucher signed by him for compensation. It is true that no witness was called to prove that these documents were actually signed by him, but as was held in Commonwealth v. Cover,
The assignments of error are overruled and the judgment affirmed and it is ordered that the defendant appear in the court below at such time as he may be there called and that he be by that court committed until he has complied with the sentence. *180