1532 | Ga. Ct. App. | Feb 9, 1909

Powell, J.

1. By section 114 of the Political Code it is made the duty of the managers of a primary election to count the votes “publicly.” By section 632 of the Penal Code a wilful violation of this duty is a misdemeanor. As to what would be “publicly,” see the case of Tilton v. State, ante, 59 (62 S.E. 651" date_filed="1908-10-26" court="Ga. Ct. App." case_name="Tilton v. State">62 S. E. 651).

2. The other points presented are controlled by the decision this day rendered in Norton v. State, No. 1533, ante, 586 (63 S.E. 662" date_filed="1909-02-09" court="Ga. Ct. App." case_name="Norton v. State">63 S. E. 662).

Judgment ajvrmed.

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