Commonwealth v. Stanley

Citations

• 39 Pa. Super. 402

Syllabus

<p>Election law — Criminal law — Indictment—Unlawful voting — Wrongful use of tax receipt — Evidence.</p> <p>1. Where a person is indicted, and the indictment contains three counts, the first founded on the Act of July 14,1897, P. L. 261, for voting when not qualified, the second on sec. 125 of the Act of July 2,1839, P. L. 519, for fraudulently using a false tax receipt, and a third on the Act of July 15, 1897, P. L. 276, for voting on a tax receipt obtained within less than thirty days prior to the election, and there is evidence to sustain the charges contained in the first two counts, a sentence upon a verdict of guilty will be upheld by the appellate court. It is sufficient if there is one count in the indictment which will sustain the sentence.</p> <p>Appeals — Errors—Evidence.</p> <p>2. An appellant must not only establish the existence of an error in the proceedings below, but that the error of which he complains has tended to his injury, and as a general rule it is not sufficient to show that an important question either in form or substance has been put to the witness, but it must appear that an answer was received which tended to injure the case of the appellant.</p>