People v. Gleason

The indictment is framed under section 41 j of the Penal Code, which makes it a criminal offense for a public officer to omit, refuse or neglect to perform any duty required of trim by the Election Law. It is demurred to upon the solé ground that the facts stated in- it do not constitute a crime.

1. The Election Law provides (1) for eight “ election officers ” in each election district, viz., “ four inspectors, two poll clerks and two ballot clerks; ” (2) it prohibits the appointment of any person as such election officer who does not possess certain specified, qualifications; and (3) requires…