State v. Burris
New York Court of General Session of the Peace
An information charged Samuel Burris with the violation of Article 5, Section 7, Constitution of the State of Delaware, in that, as alleged, he did cause or attempt to cause certain officers of a primary election, held in the City of Wilmington, to violate their duty to keep the polls open from one to seven o’clock, as required by statue. On special demurrer to the several counts in the information. Demurrer overruled. The facts are stated in the opinion.
1Opinion of the Court
Boyce, J.,
delivering the opinion of the court.
This is a special demurrer to an information, charging Samuel Burris with the violation of a certain provision of Section 7, Article 5 of the Constitution of the State of Delaware.
Seven causes of demurrer are assigned, but the first and sixth were abandoned at the argument.
The second and third causes are substantially the same, and are that the facts alleged in each count of the information do not constitute any offense under the Constitution and laws of the state; the fourth is that the facts set forth in each count are not alleged with…
2Cited by4 opinions
- State v. AllenSuperior Court of Delaware · 1955
- O'Brien v. Wilmington Provision Co.Superior Court of Delaware · 1929
- State v. KreugerDelaware Court of Oyer and Terminer · 1920
- Lynam v. HastingsSuperior Court of Delaware · 1936