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84 Me. 562

State v. Philbrick

Supreme Judicial Court of Maine

Decided July 21, 1892

Supreme Judicial Court of Maine · decided 1892-07-21

<p> Elections. Double Voting. School District. Indictment. Pleading. </p> <p>Illegal voting is an offense at common law.</p> <p>Wilfully depositing more than one vote during the same balloting for a town officer, or a school district officer, is an indictable offense.</p>

Relies on Commonwealth v. Silsbee

Decided 1892-07-21

Walton, J.

¶1Illegal voting is an offense at common law. One who wilfully deposits more than one vote during the same balloting for a town officer is guilty of an offense for -which he may be indicted and tried, and, if found guilty, be punished by fine or imprisonment, at the discretion of the court. So held in Com. v. Silsbee, 9 Mass. 417. And we think it is equally an offense for one to so vote for a school district officer at a school district meeting. It is equally corrupt, equally a fraud, and should receive the same punishment. We think the' indictment in this case is good, that the demurrer thereto was. properly overruled, and that the entry must be,

¶2 Exceptions overruled.

Peters, C. J., Virgin, Libbey, Emery and Foster, JJ.„ concurred.
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