Babbitt v. State
Wyoming Supreme Court
Error to District Court, Laramie County, H'ON. William C. MENTzer, Judge. Orren C. Babbitt was convicted of defacing election ballots and he brings error. The indictment is insufficient and fails to charge an offense under the laws of the State. Where the definition of an offense includes generic terms, it is not sufficient to charge the offense in the terms as in the definition, but it must state the species. (Archibold Crim.
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Error to District Court, Laramie County, H'ON. William C. MENTzer, Judge. Orren C. Babbitt was convicted of defacing election ballots and he brings error. The indictment is insufficient and fails to charge an offense under the laws of the State. Where the definition of an offense includes generic terms, it is not sufficient to charge the offense in the terms as in the definition, but it must state the species. (Archibold Crim. Pract. & Pleading, Vol. 1, p. 291; U. S. v. Cruckshank, 92 U. S. 544-548; Com. v. Fil-burn, 119 Mass. 297; U. S. v. Carll, 105 U. S. 611; McCann v. U. S., 2 Wyo.…
1Opinion of the Court
Beaed, Justice.
A criminal information was filed by the County and Prosecuting Attorney of Laramie 'County, in the district court of said county,' in which information the plaintiff in error, Orren C. Babbitt, was charged as follows: (Omitting the formal parts) “that Orren C. Babbitt, late of the county aforesaid, on the 27th day of August, A. D. 1916, at the county of Laramie, in the State of Wyoming, did unlawfully and wilfully deface twenty ballots, which prior to being so defaced had been voted at the primary election held in said county and State on the 22nd day of August, A. D. 1916,…
2Cases cited10 opinions
- State v. WoodruffSupreme Court of New Jersey · 1902
- Hodge v. BryanCourt of Appeals of Kentucky · 1912
- Dooley v. JacksonMissouri Court of Appeals · 1904
- State v. SimmonsSupreme Court of Arkansas · 1915
- People v. FosterNew York Court of General Session of the Peace · 1908
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3Cited by4 opinions
- Walker v. StateWyoming Supreme Court · 1993
- Miller v. JohnsonCourt of Appeals for the Tenth Circuit · 2016
- State v. WildingIdaho Supreme Court · 1936
- Walker v. StateWyoming Supreme Court · 1993