Commonwealth v. Silsbee
Massachusetts Supreme Judicial Court
The indictment charged that the defendant, being admitted as a legal voter at the town meeting holden on the 11th day of March, 1811, at Salem, for the choice of town officers, “ did then and there wilfully, fraudulently, knowingly, and designedly give in more than one vote for the choice of selectmen for said town of Salem, at one time of ballotting, — to the great destruction of the freedom of elections, to the great prejudice of the rights of the other qualified voters in…
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The indictment charged that the defendant, being admitted as a legal voter at the town meeting holden on the 11th day of March, 1811, at Salem, for the choice of town officers, “ did then and there wilfully, fraudulently, knowingly, and designedly give in more than one vote for the choice of selectmen for said town of Salem, at one time of ballotting, — to the great destruction of the freedom of elections, to the great prejudice of the rights of the other qualified voters in said town of Salem, to the evil example of others in like case to offend, and against the peace and dignity of the…
1Opinion of the Court
Curia.
There cannot be a doubt that t^e offence described in the indictment is a misdemeanor at common law. It is a general principle, that where a statute gives a privilege, and one wilfully violates such privilege, the common law will punish such violation. In town meetings, every qualified voter has equal rights, and is entitled to give one vote for every officer to be elected. The person who gives more infringes and violates the rights of the other voters, and for this offence the common law gives the indictment; and the conclusion of the one at bar is proper for the case.
The defendant was…
2Cited by13 opinions
- Commonwealth v. McHaleSupreme Court of Pennsylvania · 1881
- Commonwealth v. RogersMassachusetts Supreme Judicial Court · 1902
- Doyle v. KirbyMassachusetts Supreme Judicial Court · 1903
- Commonwealth of Pa. v. RosserSuperior Court of Pennsylvania · 1930
- Commonwealth v. YoungSuperior Court of Pennsylvania · 1901
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