United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Gale, 109 U.S. 65 (1883)

United States v. Gale

Submitted November 9, 1882

Decided October 15, 1883

109 U.S. 65

Syllabus

1. The Court adheres to the rulings in Ex Parte Siebold, 100 U. S. 371, and Ex Parte Clarke, 100 U. S. 399, that §§ 5513 and 5515 Rev.Stat. relating to violations of duty by officers of elections are not repugnant to the Constitution of the United States, and holds them to be valid.

2. Where a defendant pleads not guilty to an indictment, and goes to trial without making objection to the mode of selecting the grand jury, the objection is waived even though a law unconstitutional, or assumed to be unconstitutional, may be followed in making the panel.

3. An objection to the qualification of grand jurors or to the mode of summoning or impaneling them must be made by a motion to quash or by a plea in abatement before pleading in bar.

Indictment against inspector and clerk of Election District No. 8, Northern District of Florida, for removal of ballots cast by electors at an election for representative in Congress and substitution of different ballots.

Page 109 U. S. 66