Legal Opinion

Hall v. . People of the State of New York

New York Court of Appeals

Decided December 12, 1882PublishedCited by 6 opinions

Error to the General Term of the Supreme Court, in the first judicial department, to review judgment entered upon an order made October 28, 1881, which affirmed a judgment of the Court of Oyer and Terminer in and for the city and county of Hew York, entered upon a verdict convicting the plaintiff in error of willful neglect of duty as an inspector of election. The facts pertinent to the questions discussed are stated in the opinion.

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Error to the General Term of the Supreme Court, in the first judicial department, to review judgment entered upon an order made October 28, 1881, which affirmed a judgment of the Court of Oyer and Terminer in and for the city and county of Hew York, entered upon a verdict convicting the plaintiff in error of willful neglect of duty as an inspector of election. The facts pertinent to the questions discussed are stated in the opinion. The indictment fails to charge any offense under the statute. (Laws of 1872, chap. 675, § 13.) The indictment fails to show that the defendant’s omission was in a…

1Opinion of the CourtFinch, J.

The plaintiff in error was indicted for a willful neglect of duty as an inspector of election in an election district in the city and county of Hew York, in failing to state in words at full length, upon the statement of the result of the election the number of ballots of each kind that were received. He was convicted and sentenced, and, after affirmance by the General Term, brings a writ of error to this court.

He assails the indictment upon the ground that it fails to show that he was an inspector of election, because it does not allege that he took the oath of office and received a…

2Cited by6 opinions

  1. People v. MackellAppellate Division of the Supreme Court of the State of New York · 1975
  2. People v. McCannNew York Court of General Session of the Peace · 1934
  3. State ex rel. McNulty v. GlasnerSouth Dakota Supreme Court · 1914
  4. Milhous v. JohnsonNew York Supreme Court · 1889
  5. Ellingham v. DyeIndiana Supreme Court · 1912

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