Commonwealth v. Sylvanus

Citations

• 77 Pa. Super. 410
• 1921 Pa. Super. LEXIS 284

Syllabus

<p>Criminal law — Elections—False computation of votes and false return of election — Evidence—Sufficiency.</p> <p>Where, before the closing of the polls, the judge, inspectors of election and clerks all join in stuffing .the ballot box and adding to the list of voters, the names of electors who had not voted, they are conducting themselves in a manner entirely outside of the duties imposed by the law upon the geveral officers respectively, and they can all be jointly indicted at common law for wilful fraud in the conduct of an election.</p> <p>In such case, they are engaged in a proceeding in which all are required to join. If all corruptly join in making a false count they are answerable and may be jointly indicted. It is true that some may cheat the others, but that is a matter dependent upon the evidence. When, in view of the provisions -in the statutes to guard against such a result, the election officers all join in an alleged count of the votes and a return based thereon showing a number of votes far in excess of the number of ballots in the box, as was alleged in the testimony produced by the Commonwealth, there must have been a joint action by the persons charged with the duty of making an honest count and a true return, and they may be jointly indicted.</p> <p>Where the defendants were duly organized as an election board for the district in question, each of them having taken the oath required by the statutes, and the duly qualified voters had deposited their ballots in the manner required by law, and, after the polls were closed and the ballot boxes were opened, a return was made setting forth that 442 votes had been cast for the several candidates for city treasurer, while the ballot box contained only 323 used ballots, and the return was made in the names of the defendants, the evidence warranted the finding that the defendants had made the count and return and a vediet of guiltywill be sustained.</p> <p>Charge of court — Instructions to fury — Reasonab