Byrne v. State
Wisconsin Supreme Court
ERROR to the Circuit Court for Dane County. Indictment against Byrne and Kinney, as inspectors at a general election in the city of Madison, for knowingly recéiv-ing and sanctioning the reception of an illegal vote.
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ERROR to the Circuit Court for Dane County. Indictment against Byrne and Kinney, as inspectors at a general election in the city of Madison, for knowingly recéiv-ing and sanctioning the reception of an illegal vote. The first count charges that the defendants did, as inspectors of said election, unlawfully and knowingly receive, and sanction the reception of, a vote from one Pierce, he not having all the qualifications of an elector at such election, and being then and there disqualified as an elector, for the reason that he had made certain bets and wagers, which were then depending upon the…
1Opinion of the Court
By the Court,
Dixon, C. J.
Hone of the authorities cited by the counsel for the plaintiffs in error sustain the position that, where knowledge of the disqualification of any of the grand jurors by whom the indictment was preferred, does not come to the accused until after the trial and verdict, he may then avail himself of such defect by motion in arrest of judgment. Whilst in some of the states it is held that ■ obj ections like the present, which do not go to the character of the juror, but are strictly legal and technical in their na*524ture, can only be taken by way of challenge and before the…
2Cases cited4 opinions
- Hinkle v. CommonwealthCourt of Appeals of Kentucky · 1836
- State v. FletcherSupreme Court of Missouri · 1853
- State v. MortonSupreme Court of Vermont · 1855
- Vanhook v. StateTexas Supreme Court · 1854
3Cited by32 opinions
- Jerskey v. StateWyoming Supreme Court · 1976
- State v. TobinWyoming Supreme Court · 1924
- State v. Dale R. NeumannWisconsin Supreme Court · 2013
- Duffy v. StateWyoming Supreme Court · 1990
- Kreutzer v. WestfahlWisconsin Supreme Court · 1925
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