Commonwealth v. Scull

Citations

• 47 Pa. Super. 600
• 1911 Pa. Super. LEXIS 210

Syllabus

<p>Election law — Judge of election — Rejection of voter — Act of July 2, 1839, P. L. 519.</p> <p>A judge of an election cannot be convicted under sec. 103, of the Act of July 2, 1839, P. L. 519, on an indictment charging him with having “unlawfully, willfully and knowingly” rejected the vote of a qualified citizen, if the proof shows that the vote was rejected by two inspectors who did not disagree; and it is immaterial that the judge may have agreed with the inspectors and expressed his assent openly. A judge of an election has no power to reject a vote, except when the inspectors disagree. The official act of rejection is the act of the inspectors, and not of the judge.</p>