Luther v. State

The appellant was prosecuted in the court below for illegal voting, at the October election in the year 1866. The information and affidavit charge the offense thus: “ Said Jacob Luther, then and there being, did offer *48to, and did, vote at said election, not being then and there a legal voter, and not having the legal qualification of a voter.” When the case was called for trial the defendant failed to appear, whereupon Overstreet and Hunter filed their agreement, in writing, to become replevin bail for the payment of the fine and costs, which agreement was accepted by the court. The counsel…