Bienz v. State

Appellant was charged with and convicted of violating the election law by unlawfully marking an official ballot. His motion to quash the affidavit and motion to arrest judgment were overruled.

The only question presented here is the sufficiency of the affidavit to charge an offense. The statute under which the affidavit was drawn, insofar as it is involved in this case, is as follows:

“If any inspector, judge, poll clerk or other person entrusted with the custody or control of any ballot or ballots, either before or after they have been voted, shall in any way mark, mutilate or deface any…