29 Del. 166 | New York Court of General Session of the Peace | 1916
delivering the opinion of the court.
This is a special demurrer to an information, charging Samuel Burris with the violation of a certain provision of Section 7, Article 5 of the Constitution of the State of Delaware.
Seven causes of demurrer are assigned, but the first and sixth were abandoned at the argument.
The second and third causes are substantially the same, and are that the facts alleged in each count of the information do not constitute any offense under the Constitution and laws of the state; the fourth is that the facts set forth in each count are not alleged with sufficient particularity to inform the accused of the offense with which he is charged; the fifth is that each count states a conclusion of law; and the seventh is that each count is in other respects uncertain, informal and insufficient.
The allegations in the first and second parts of each count of the information are practically the same, and, it may be said in general language, set forth matters of a holding to bail of the accused to answer the charge that he did unlawfully attempt to cause, and did cause three certain officers of primary election, held in Wilmington Hundred, New Castle County, on the fifteenth day of May, A. D. 1915, under the provisions of Chapter 58, Revised Code of 1915, for the purpose of nominating candidates for a municipal election in the City of Wilmington, to violate their official duty by directing, commanding, counseling and advising said officers of election to close the polls at which said primary election was being held.
The argument of counsel for the accused in support of the
The offense created by the Constitution, and now under consideration, is set forth in these words:
“Every person * * * who either in or out of the state shall, by the use or promise of money or other valuable thing, or otherwise, cause or attempt to cause any officer of election * * * to violate his official duty * * * shall be,” etc.
It is the opinion of the court that the several counts in the information charge an offense under the Constitution of this state and describe the same.
The demurrer is overruled.