United States v. Brewer
139 U.S. 278 (1891)

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U.S. Supreme Court

United States v. Brewer, 139 U.S. 278 (1891)

United States v. Brewer

No. 1178

Argued and submitted March 13, 1831

Decided March 23, 1891

139 U.S. 278

CERTIFICATE OF DIVISION OF OPINION FROM THE CIRCUIT COURT

OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TENNESSEE

Syllabus

Sections 1067, 1063 and 1000 of the Code of Tennessee of 1884, by Milliken & Vertrees, do not require that after an election, the ballot box shall be opened at the place where the election was held, and the names of the persons appearing in each ballot be read aloud at that place, and the ballot box not be removed from that place before the votes are counted, so as to make an indictment good, under § 5515 of the Revised Statutes of the United States, relating to an election at which a representative or delegate in Congress is voted for which alleges, as a neglect or refusal to perform a duty, required of the officer of an election, by a law

Page 139 U. S. 279

of a state, and as a violation of a duty imposed by such law, a failure to open the ballot box at that place, and a failure to read aloud such names at that place, and the removing of the ballot box from that place before the votes were counted, no fraud being averred in the indictment and no intent to affect the election or its result, and there being no allegation that the election or its result was affected.

Two questions in a certificate of division in a criminal case were not answered because they were too general, one being whether a demurrer to an indictment ought to be sustained and the other being whether the matters alleged in the indictment constituted an offense under the statute of the United States.

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