State v. Fitzsimmons

Citations

• 25 Del. 541
• 2 Boyce 541
• 82 A. 223
• 1911 Del. LEXIS 84

Syllabus

<p>1. Elections — Offenses—Impersonation of Voter.</p> <p>Impersonation of a voter at a valid municipal election was an offense at the common law. Therefore, if the statute relating to such impersonation applies to general elections only, it would not be ground for quashing the indictment.</p> <p>2. Elections — Offenses—Impersonation of Voter — Validity of Election.</p> <p>19 Del. Laws, c. 727, § 11, provides that voters otherwise qualified and who shall have registered at the general election next prior to a municipal election are entitled to vote thereat. 21 Del. Laws, c. 36, § 19, provides that the registration books shall be kept by'the clerk of the peace of the county and open to public inspection. Registration laws do not require registration for municipal elections, and there is no requirement for delivery of such books at any time to the election officers at a municipal election. Held, on a motion to quash an indictment for impersonation of a voter at a municipal election, on the ground that no valid election was had, because the clerk had no authority to deliver the books and the officers no means of determining qualifications of voters, that the court would not assume that voters were not qualified, but assume the contrary, in favor of the validity of an election under color of law, and the motion would be refused.</p>