State v. Fitzsimmons

Citations

• 26 Del. 218
• 3 Boyce 218
• 82 A. 598
• 1912 Del. LEXIS 22

Syllabus

<p>1. Elections—Municipal Elections—Validity.</p> <p>Under 19 Del. Laws, c. 727, § 11, providing that voters at a municipal election must have registered for the next preceding general election, a city election is not invalid because the officers holding it did not have in their possession the books showing who were registered for the preceding general election; it being presumed, in the absence of evidence to the contrary, that the voters thereat were qualified.</p> <p>2. Elections—Impersonation of Voters.</p> <p>Impersonation of voters at an election was an offense at common law* and hence is indictable in this state, although not covered by statute.</p> <p>3. Elections—Impersonation of Voters—Defenses.</p> <p>It is not a defense to a prosecution for impersonating, at a city election, a voter duly registered at the next preceding general election, that such voter had become disqualified by removal from the election district.</p> <p>4. Criminal Law—Conflicting Evidence—Duty of Jury.</p> <p>It is the duty of the jury to reconcile conflicting evidence whenever possible; but, if it cannot be reconciled and made consistent, they should be governed by the testimony which they believe to be most entitled to credit and belief.</p> <p>5. Criminal Law—“Reasonable Doubt”.</p> <p>The “reasonable doubt” which will justify a verdict of not guilty must be such a doubt as reasonable, fair-minded, and conscientious men would entertain after a careful consideration of all the evidence, and not merely a fanciful or speculative doubt.</p>