Hamilton v. People
New York Supreme Court
THE plaintiff in error was indicted, tried and convicted, in the court of sessions of Tioga county, of a misdemeanor, in having voted at the general election of 1868, for electors of president, &c., governor, &c., member of congress and assembly, &c., having been previously convicted of a felony, and sentenced to two years’ imprisonment in the state prison, at hard labor, and not having been pardoned, or restored to citizenship.
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THE plaintiff in error was indicted, tried and convicted, in the court of sessions of Tioga county, of a misdemeanor, in having voted at the general election of 1868, for electors of president, &c., governor, &c., member of congress and assembly, &c., having been previously convicted of a felony, and sentenced to two years’ imprisonment in the state prison, at hard labor, and not having been pardoned, or restored to citizenship. The case is brought to this court upon certiorari. The material facts in the case were undisputed. The errors claimed were such as arose on the trial, which…
1Opinion of the CourtPotter, J.
The statutes of this State in force at the time of voting by the plaintiff in error, and having application to his case, were the laws of 1847, chapter 240, section 15, as follows: “Ho person shall be permitted to vote at any election, who, previous thereto, shall have been convicted of bribery, or of any other infamous crime, unless he shall have been pardoned and restored to all the rights of a citizen.” There is, in another section of another statute, a provision (1 R. S. p. 147, § 13, Edm. ed.) that “ any person not duly qualified to vote under the laws of this State, who shall knowingly…
2Cases cited2 opinions
- Van Pelt v. . McGrawNew York Court of Appeals · 1850
- People v. OrcuttCourt Of Oyer And Terminer New York · 1851
3Cited by6 opinions
- State v. ArmingtonSupreme Court of Minnesota · 1878
- United States v. AnthonyU.S. Circuit Court for the District of Northern New York · 1873
- People v. Klock, New York County Courts1907
- Commonwealth v. WeiserthSuperior Court of Pennsylvania · 1911
- In re RainsfordDistrict Court, N.D. New York · 1871
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