Gandy v. State
Supreme Court of Alabama
From tbe Circuit Court of Butler. Tried before tbe Hon. John P. Hubbard, Tbe indictment in this case charged, in a single count, that the defendant, Mitch. Gandy, “having been convicted of larceny in the County Court of Butler county, Alabama, unlawfully voted at a special election held in and-for precinct number twelve (12), at Greenville in said county, on the 13th day of December, 1886; against the peace,” &c.
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From tbe Circuit Court of Butler. Tried before tbe Hon. John P. Hubbard, Tbe indictment in this case charged, in a single count, that the defendant, Mitch. Gandy, “having been convicted of larceny in the County Court of Butler county, Alabama, unlawfully voted at a special election held in and-for precinct number twelve (12), at Greenville in said county, on the 13th day of December, 1886; against the peace,” &c. Tlie defenda >t demurred to the indictment, “because it does not show for what purpose said election was held, nor does it show wbat was voted for at said election.” The court…
1Opinion of the CourtSomeryille, J.
1. There can be no doubt of the fact, the defendant’s conviction of petty larceny operated, under the constitution and laws of this State, to disfranchise him, and that he was thereby disqualified to vote at any election, general or special, held under the authority of such laws. The language of the statute is broad enough to embrace, and in fact does in ipsis verbis embrace, “any election held in this State,” which would include a special or local election held under the authority of a State law to ascertain the sense of the people on the subject of prohibiting the sale of intoxicating…
2Cases cited4 opinions
- Grattan v. StateSupreme Court of Alabama · 1882
- Washington v. StateSupreme Court of Alabama · 1884
- Gordon v. StateSupreme Court of Alabama · 1875
- Anderson v. StateSupreme Court of Alabama · 1882
3Cited by7 opinions
- Gandy v. StateSupreme Court of Alabama · 1888
- Fuller v. Associates Commercial Corp.Supreme Court of Alabama · 1980
- State Ex Rel. Black v. Southern Express Co.Supreme Court of Alabama · 1917
- State ex rel. Porter v. CrookSupreme Court of Alabama · 1899
- State v. SchwartzSupreme Court of Louisiana · 1915
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