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38 Tex. 640

State v. Franks

Texas Supreme Court

Decided July 1, 1873

Texas Supreme Court · decided 1873-07-01

Tried below before' the Hon. Wm. H. Burkhart. The defendants, Albert Franks and Leve McHenry, were indicted by the grand jury, and the charge is that they “did willfully and unlawfully attempt to hinder Isaac Williams (he being a legally qualified elector) in the free exercise of the right of suffrage at the election then pending in the town of Halletsville, for a representative in the Congress of the United States from the Fourth Congressional District of the State of…

Decided 1873-07-01

Ogden, P. J.

¶1The indictment in this case was framed under the 54th Section of the Act of the Legislature approved August 15, 1870, and charges that the defendants “did willfully and unlawfully attempt to hinder Isaac Williams, he being a legally qualified elector, in the free exercise of the right of suffrage,” at the election then pending. We think this indictment charges an offense under the statute referred to. It is quite immaterial whether the election was for a State. officer or for a Congressman of the United States; the election was being held under the laws of this State, and the offender is punishable under the laws of this State. The court therefore erred in sustaining'the exceptions to the indictment.

¶2The judgment is therefore reversed and the cause remanded.

¶3ReVEBSED AHD BEMAHDED.

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