Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-05-20

by force, threat, menace or intimidation,
prevent or hinder. or attempt to prevent
or hinder, any person qualified for regis
tration from being registered or any per-
son qualified to vote from voting accord
ing to his choice at any such general, snac-
ial or municipal election, SHAH he doomed
guilty of misdemeunor, and shall he
fined not less than one hundred dollars nor
more than 1--WE thousand dollars, or shall
be imprisoned for term not less than six
months nor more than FIVE years, or shall
suffer both fine and Imprisonment within
said limits. at the discretion of the court:
and, il a male, shall further for term of
ten years next following his sentence be
incapable of voting at any such general,
special. municipal or primary election or
convention or meeting. No person, other
than the accused, shall, in the prosecution
for any offense mentioned in this section,
he permitted to withhold his testimony
on the ground that it may cfiminate him
self or subject him to public infamy: but
such testimony shall not afterwards be
used against him in any judicial proceed
ing, except for perjury in giving such tcs-
timony. @HaE
Section s. Every prosecution for any
of the offenses mentioned in Section of
this Article shall he on informa ton fled
by the Acknowledgement, after cxamina-
ton and commitment or holding to bail
by n judge or Justice of the Peace, and
tho cause shall he heard, tried and deter
mined by the court without the intervcli-
ton of either Il grand jury or Il petit jury.
The accused, if adjudged guilty of the Of
tense charged against him. shall have the
right at any time within the space of three
calendar months next after sentence is
pronounced to an appeal to the Supreme
Court. The court below. or any judge
thereof. in term time or vacation, shall
upon application by the accused allow
such appeal; but such appeal shall not
operate as a supersedeas unless the ap-
pellant shall at the time of the allowance
thereof give an appeal bond to the State
of Delaware in such amount and with
such surety as shall be approved by such
court or judge. On such appeal the SUI
preme Court shall, with all convenient
speed, review the evidence adduced in the
cause in the court below, as wei ms the
other proceedings therein, and the law
applicable thereto, and give final judg-
ment accordingly, either affirming or rec
vcrsing the judgment below. If the ap-
pelant shall fail to prosecute his appeal
pursuant to the rules and practice herein
after provided for, the Supreme Court
shall affirm the judgment of the court be-
low. Where the sentence in the court be-
low Includes term of imprisonment and
an appeal bond is given and approved in
manner aforesaid, the Supreme Court, il
| it affirm the judgment below, shall SEN
tence the appellant to term of imprison-
ment equal to that imposed by the court
below, after deducting therefrom period
equal to the time of Imprisonment, If
| any, already suffered by him under the
sentence of the court below. The surety
or sureties in any appeal bond given I'M
der the provisions of this section shall
have the right at any time after its APP
prOval and until final judgment shall be
rendered by the Supreme Court. and, in
case the judgment of the court below shall
be affirmed, until the expiration of the
| space of thirty days next following such
atiirmance, to take, wherever found, and
render the appellant TO the sheriff of the
county in which he was sentenced; and
a certified copy of the appeal bond shall be
| the sufficient warrant for such surety or
sureties for such taking and rendering.
| If the Supreme Court shall reverse any
| judgment of the court. below imposing n
| fine. and if the accused shall have fully
~" - "a. -. -, ~, v ~ "
we ahio"n. 'iereol Hliall pe, reiiii ' .
,ne appeii"n' tiI'usn "aiian. uItMn Wy
'ne tour. oeIoM oi 'he treasurer VI lue
.o"n.,' ~ u, Wien she aeeus,u M's aen,
| the Supreme Court shall as soon as CON
| veniently may be, meet at the usual place
vi sil.ihs ei saIu curt una tneS' OF
MAJORITY pl ,hehi' sha,i adopt rules pre-
eeitp,ns .he ipiins anu ,ohui''ons cl up
peai oonus 70 oe use, 'inuer Tue PROVISIONS
VI 'his sect,on, anu 'ne i,ihiiher VI ceruts-
ius coples 'hereoi' pro. iuins LOT tue priht-
iis VI renuction 10 wiring OF az oral eNi,
oente III .ie ca'se IN 'he court peiow ana
OF tne opinion OF sald court Tor the certi-
nca.iol Vi .lle SAINT Maen SO prlnte1 OF re-
eueeu ~ Mrl,Ihs' anu ot Copies lhereoi ,
ior Tue topsi ing anu cer.ihcatioh OF VI,
documentary OF o'hcr Writteh OF prlnteu
evidence III the cause III the court De!oW
anu OF the recoru 'herelh' ior the trans
, I.s ~ we supreme Sourt oi sucn cer-
| 'lleu copies Oh s9cl record ana o, an tne
crnichce auuuceu IN 'he court pe'oW ana
VI my opihio,' Vi Sh'a COURT lor the trans
mission 10 me court oeloW OF eertineu
copy OF tne maj Juusnicnt OIL tne supreme
Iourt ana Oh any audltiohal sentence pro.
nouhceu ny s'ilu court lor me dlscharge OIL
sureties IN appeai nohds, ana Tor the ram
ing' issuance service ana enforcement OF
an process anu rules necessary 10 give
luii eiiec, 70 me PROVISIONS OF TINS sectioh;
anu resuiatihg eeneraiis inc praclice ana
!