State v. Burris

Citations

• 29 Del. 166
• 6 Boyce 166
• 97 A. 427
• 1916 Del. LEXIS 15

Syllabus

<p>1. Indictment and Information-Attempts.</p> <p>An indictment or information under a statute relating to attempts to commit offenses, which contains no description of the act done or step taken beyond mere preparation of the accused in attempting to commit the particular crime, is insufficient. .</p> <p>2. Indictment and Information—Statutory Offense in Language of Statute.</p> <p>Generally it is sufficient to charge an offense in the words of the statute when the offense is thereby described with reasonable certainty.</p> <p>3. Elections—Violation of Election Laws—Constitutional Provisions.</p> <p>The offense defined by Const, art. 5, § 7, of causing or attempting to cause any officer of election to violate his official duty, is not one of an attempt to commit a particular crime, but is a distinct, substantive offense.</p> <p>4. Elections—Offenses—Information.</p> <p>An information charging with causing or attempting to cattse primary election officers to close the polls between one and seven o’clock by ‘‘directing, commanding, counseling and advising’’ them to close same, charges an offense under Const, art. 5, § 7, as to causing or attempting to cause violation of election duties.</p>