Commonwealth v. McCue

Citations

• 46 Pa. Super. 416
• 1911 Pa. Super. LEXIS 287

Syllabus

<p>Criminal law — Perjury—Election law — Residence of elector — Jurat— Clerk of election — Judge of election.</p> <p>1. A conviction upon an indictment for perjury will be sustained where the evidence shows that the prisoner made an affidavit before an election board that a voter resided at a particular house in an election district, that the voter did not in fact live at the place designated, and that the prisoner knew that this was the case.</p> <p>2. An oath may be lawfully administered at an election by a clerk acting in the presence of and by the authority of the judge of the election, when the judge of the election signs the jurat after the oath has been so administered.</p> <p>3. A ministerial act done in the presence of, and under the authority and direction of, an officer duly authorized to perform that act, is the act of the officer himself.</p> <p>4. Where an affidavit taken before an election board expressly states that the affidavit was “duly sworn,” and the jurat signed by the judge of the election is to the same effect, it will be presumed that the affiant was in fact sworn.</p>