People v. Lilymeld
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph Lilymeld, from a judgment of conviction, rendered in the Supreme Court, Extraordinary Trial Term, New York county, on the 19th day of April, 1918, convicting the defendant of willfully making a false statement of the result of a canvass at a primary election held on September 19,1917, in violation of subdivision 12 of section 751 of the Penal Law.
1Opinion of the Court
Smith, J.:
The questions presented in this case are substantially those presented in the case of People v. Luft (192 App. Div. 713) the decision of which is handed down herewith. The word “ wilfully ” was defined by the court substantially as it was defined in the Luft case, and, furthermore, the court refused to charge specifically what were the duties under the Election Law of the chairman and of those inspectors acting as ballot and poll clerks. The refusal to charge as to the specific provisions of that statute was, we think, material error by reason *720of its bearing upon the willful intent…
2Cases cited1 opinion
- People v. LuftAppellate Division of the Supreme Court of the State of New York · 1920