Gallagher v. State

Citations

• 10 Tex. Ct. App. 469

Syllabus

<p>1. Illegal Voting.—Indictment for illegal voting need not allege the specific authority for the election at which the illegal vote was cast; nor the authority of the officers; nor the names of the candidates.</p> <p>2. Same.—That the election was “held and authorized by law within and for the city of W.” sufficiently states the place of voting, and that the “vote was for city attorney and other officers then and there to be chosen at said election” sufficiently charges the purpose for which the election was held.</p> <p>3. Same.—Averment that the accused voted at an election authorized by law then and there holden, includes the further idea that it was held by the proper officers.</p> <p>4. Judicial Cognizance.—That corporations are authorized by law to hold elections for city attorney and other officers, is a fact within the judicial knowledge of this court.</p> <p>5. Indictment.—Authorities conflict as to whether or not an indictment for illegal voting must aver the particular disability; but held, that the averment of the disability is the better and safer practice.</p> <p>6. Same.—The word “ convicted ” has a definite signification in law, and means that a judgment of final condemnation has been pronounced against the accused.</p>