46 Ga. App. 729 | Ga. Ct. App. | 1933
1. “Primary elections are not within the meaning of section 660, subsection 6, of the Penal Code (1910), which provides that any person who shall deposit a ballot ‘at any election’ in any name other than his own, as appears on the list of registered voters prescribed by law, shall be guilty of a misdemeanor.” George v. State, 18 Ga. App. 753 (90 S. E. 493) ; Mark v. State, 18 Ga. App. 754 (90 S. E. 493).
2. The accusation in the instant case charges that the defendant was guilty of a misdemeanor, in that in a primary election, held under the act approved August 21, 1922, and at a certian polling-place in the city of Savannah, he did.unlawfully cause the managers at such polling-place, to wit E. J. Seymour and R. W. Eerguson, to write the name of a voter, to wit one Clyde C. Eddy, on the ballot preparatory to handing the ballot to him (the accused), who then and there represented himself to be the said Clyde C. Eddy, a duly registered voter of Chatham county entitled to vote at and in said primary election in said polling-place, and did then and there unlawfully receive the said ballot from the said managers and did unlawfully vote the same at said polling-place in said primary election. Held, that the act of August 21, 1922 (Ga. L. 1922, p. 97), properly construed, does not make it a crime for a person to
Judgment reversed.
