Legal Opinion

State v. Lockbaum

Supreme Court of Connecticut

Decided September 15, 1871PublishedCited by 10 opinions

Iñeormation for illegal voting; brought to the Superior Court in New Haven county, and tried on the plea of not guilty, before Carpenter, J. The information contained two counts.

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Iñeormation for illegal voting; brought to the Superior Court in New Haven county, and tried on the plea of not guilty, before Carpenter, J. The information contained two counts. The first count alleged, “ that at the town of New Haven, in said New Haven county, at an electors’ meeting held in said town on the third day of April, one thousand eight hundred and seventy-one, William Lockbaum of said town, fraudulently did vote by assuming the name of a person other than himself, viz., by assuming the name of Christopher Schnurr, which was then on the registry list of electors of the town of New…

1Opinion of the CourtButler, C. J.

This motion in arrest is insufficient, and must be overruled. The offence charged in the information was created by statute, and is well described therein. It is also alleged in the language of the statute. It is a well settled rule of the common law that such an offence thus alleged is sufficiently described in an indictment or information. To this rule there may be exceptions, owing to the imperfect manner in which such offences are sometimes described in the statutes, and the consequent necessity of further averments to insure a fair trial, an intelligible judgment, and a record which…

2Cases cited3 opinions

  1. People v. TaylorNew York Supreme Court · 1846
  2. People v. M'GowanNew York Supreme Court · 1837
  3. Whiting v. StateSupreme Court of Connecticut · 1842

3Cited by10 opinions

  1. Mills v. StateSupreme Court of Florida · 1909
  2. State v. MoranSupreme Court of Connecticut · 1923
  3. State v. BennettSupreme Court of Missouri · 1890
  4. State v. SchweitzerSupreme Court of Connecticut · 1889
  5. State v. LicariSupreme Court of Connecticut · 1945

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