Mitchell v. State

STAKELY, Justice.

We agree with the Court of Appeals that the indictment is fatally defective for failure to allege corrupt motive or criminal intent. There is nothing in the indictment to show that the defendants knew that any one of the voters in question did not live in Ward 3 or that they had not lived there long enough to entitle them to vote in that ward. On this point we think it well to say a few things in supplement of the opinion of the Court of Appeals.

In considering the sufficiency of the indictment, it should be noted at the outset that there is no code form for conspiracy which…