82 N.J.L. 227 | N.J. | 1912
The opinion of the court was delivered by
The defendant was convicted of procuring a person to vote, knowing him not jo he qualified, and sentenced to imprisonment and to disfranchisement as a voter and disqualified to hold any office of trust or profit in this state for two years. The sentence raises an interesting constitutional question, but that question is not presented by any of the reasons for reversal and cannot therefore he considered. Other objections relate to the admission of evidence. We are satisfied that the rulings were correct. The defendant produced a
The court charged that it. was not the number of witnesses always that controls, but the weight of the testimony; and it is said that he should have charged that if the number of witnesses for the defence exceeded the number of witnesses for the state, the evidence for the defence preponderated. But this can only be when all the witnesses are of equal credit. The charge of the judge was proper and entirely in accordance with the rule in O’Brien v. State, 34 Vroom 49, in which case it was held erroneous for the judge to tell the jury that the defendant stood alone, while the state had two witnesses, and that the jury were therefore obliged to believe the witnesses of the state if they told consistent stories.
We find no error in the record that is reviewable, and the judgment must therefore be affirmed. In affirming it, we do not pass upon the effect of that portion of the sentence that undertakes to pronounce a judgment of disfranchisement against the voter and disqualification to hold office.