Commonwealth v. Gray

JUDGE ROBERTSON

delivered the opinion of the court:

Section 8th, chapter 32, of article 12th, of the Revised Statutes (Stanton, p. 452), provides, that “ any judge or sheriff who shall knowingly and unlawfully receive the vote of any other *374than a qualified voter, shall, for every such offense, be imprisoned from one to six months, or fined from fifty to five hundred dollars, forfeit any office he then holds, and be disqualified from holding any office.”

Under this statute the appellee, Allan B. Gray, was indicted for “ knowingly and unlawfully ” receiving, as one of the judges in a congressional…