State v. Barr

Citations

• 23 Del. 340
• 79 A. 730
• 7 Penne. 340
• 1909 Del. LEXIS 16

Syllabus

<p>Constitution; Information for Violation of Sec. 7 Art. 5 of— Pleading—Evidence—What Necessary to Allege—Bail Bond—Offering to Pay—Tender—Examination and Commitment or Holding to Bail—Presumption ■—Public Officer—Performance of Duty— Plea in Abatement or to Jurisdiction— Criminal Case; Plea necessary— New Trial.</p> <p>1. Information for violation of Section 7, Article 5, of the Constitution. Form given.</p> <p>2. It is not necessary to allege in the information what sum of money the defendant offered or promised to pay. It is sufficient if it follows the bail bond in that respect.</p> <p>3. Testimony given upon which the defendant was adjudged guilty. ■</p> <p>4. Although it is alleged in the information that a general election was held it is not essential that it be proved, because the Court will take judicial notice of the fact.</p> <p>5. The defendant having been held to bail on charge of offering or promising to pay, etc., the information could charge no other offense than the one for which he was held to bail. But it might charge either the offering or the promising to pay.</p> <p>6. The words—“If you will vote the Republican ticket I will pay you-twenty dollars after the polls have closed,” is an offer to pay the person. The Constitutional provision does not require an acceptance of the offer. The offer would be sufficient and complete if the proposition was immediately rejected. There is no tender needed to make an offer.</p> <p>7. The preliminary proceeding of an “examination and commitment or holding to bail by a Judge or Justice of the Peace” is absolutely necessary to enable the Attorney General to file the information, but it is no part of the offense charged.</p> <p>8. No direct proof was made at the trial that there had been an examination or waiver of it, but a bail bond signed by the defendant and his sureties, and in which he undertook to appear and answer the charge set forth in the bond, was put in evidence. Held, that the officer taking the ba