Legal Opinion

Commonwealth v. Barry

Court of Appeals of Kentucky

Decided December 17, 1895PublishedCited by 5 opinions

Case 65 — INDICTMENT— APPEAL PROM JEFFERSON CIRCUIT COURT. The secrecy of the ballot is intended to protect the voter, and where the voter waives that protection there can be no objection to permitting him to testify how he voted for the purpose of Convicting the false and corrupt officer. (Commonwealth v. McGurty, 14-5 Mass., 257; In re Massey 45'Fed.

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Case 65 — INDICTMENT— APPEAL PROM JEFFERSON CIRCUIT COURT. The secrecy of the ballot is intended to protect the voter, and where the voter waives that protection there can be no objection to permitting him to testify how he voted for the purpose of Convicting the false and corrupt officer. (Commonwealth v. McGurty, 14-5 Mass., 257; In re Massey 45'Fed. Rep., 629.) To permit a voter to testify how he voted would be to destroy the secrecy of the ballot, and such testimony is therefore inadmissible. (Constitution of Kentucky, sec. 147; Kentucky Stats., see. 1446; People v. Sackett, 14 Mich.,…

1Opinion of the Court

JUDGE GUFFY

delivered the opinion of the court.

On the 17th of November, 1894, the grand jury of Jefferson *395county returned an indictment against the appellee, W. C. Barry, accusing him of the crime of feloniously making a false and fraudulent election return. It is substantially alleged in the indictment that appellee was the duly acting and qualified election clerk in the Twenty-first precinct of the Twelfth ward of the Eighth magisterial district, held November 6, 1894, in said county of Jefferson and city of Louisville, and that as such officer of the election he made up and aided in making…

2Cited by5 opinions

  1. Major v. BarkerCourt of Appeals of Kentucky · 1896
  2. Hager v. RobinsonCourt of Appeals of Kentucky · 1913
  3. Gardner v. RayCourt of Appeals of Kentucky · 1913
  4. Carabajal v. SandovalNew Mexico Supreme Court · 1916
  5. Little v. AlexanderCourt of Appeals of Kentucky (pre-1976) · 1934

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