Johnson v. People

Citations

• 94 Ill. 505

Syllabus

<p>1. Criminal law—indictment—perjury. An indictment for perjury in making an affidavit of the qualification of a person to vote at an election held in pursuance of law, the vote of such person having been challenged, which charges that the defendant feloniously, wilfully, corruptly and falsely in and by the said affidavit did depose, etc., omitting the word “knowingly,” used in the Election law, is not bad on account of the omission of such word, the word “wilfully” implying intention as well as deliberation and purpose.</p> <p>2. An indictment for perjury in making an affidavit of the qualification of a voter, which avers that there was an election for trustees and a clerk for a certain village named, called and held in pursuance of law therein, is a sufficient averment that the election board was legally organized according to law, and an averment that the judge of election who administered the oath had full power and authority to administer the same, is a sufficient allegation of the legal organization of the board of election.</p> <p>3. In such a case there need be no averment as to the manner in which the election board was organized, nor is it required to be averred who the officer was who administered the oath, and to set it out, or to aver that the officer who administered it had been duly elected, setting out his commission and oath of office. When it is averred that persons were acting as a board of election, proof of that fact is all that is required.</p> <p>4. An indictment for perjury must show the materiality of the matter deposed to, but where it shows that at an election, held in pursuance of law, a person made an offer to vote, and his vote on challenge had been rejected, and thereupon it became material that the defendant should make an affidavit that the person so offering to vote was a resident of the election precinct, and that he did make and swear to such affidavit, this will sufficiently show the materiality of the matter sworn to.</p> <p>5.