The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-09-08

they voted. were improperly admitted
In evidence: tc) certain erroneous IN
S,ructiuns were given for the state. ana
certain instructions were rejected Tor
tn" defendant: CO the Courts refusal
to set aside tn" verdict and grant a ne"
trial
The emu-re to the Indictment.
Counsel for the defendant. in support
Of their demurrer, tlrst raised The queS-
zion of Jurisdiction Of the court 10 Try
this case. have examined ~" statute
in It's varinus sections and am oi '"e
opinion that this point Is no; vel taken
In III" case of Anderson y Bowen
Is W. Va. $50. Judge Iotfcnharg"r. IN
lhr rours" Of his opinion. on paE" ""0'
said. Sec. So. ch. " OF Tn" 'o"" eN-
+ rvcSSly makes tn" genera! election laws
arpl!caUl" T." municipal Operations
In the an%cu'r Of charter provisions
: tor such elections"
The charter Of the city Of Wh"cIlhf'
section =. Provides. in part. as iol!owS'
"Thcrcaftcr tm"aminE after the lrSt
election under the Greater Wheeling
rhartcTI such elections Of counc'!ihen
shall be held In such manner as Shi'i
b." prescribed by law. All other clcc-
. lions or votes nn amy question by me
aualinod voters Of said city shall he
q nf|l III hslN'l ~ SUI"
su~per!nirndcnCy az such persons ana
subject To such regulations as are con-
, sis,cn: with the laws Of the state ana
ordtined by council"
As to whether or not the indictment
Is sufficient to inform the defendant Oh
Tn. crime with which ne Is charSed'
B raises a more serious question.
, Article III. Sec. Ill. provides;
'TriaIs. of crimes. and mtsdcm"an-
ora. unless herein otherwise pr"H!dcH'
shall hc by a jury of twelve men puo'i''
without unreasonable delay, and IN me
county where the alleged offcnse was
committed. unless upon petition OF inc
accused and for good cause shown. II
Is rcmnVtd to some other county III
,all such trials. the accused shall he
fully and plainly Informed Of the char
,ctcr and cause Of the accusation. ana
he confronted with the witnesses against
. him and shall have the assistance or
counsel. and a reasonable time 10 pre-
pare for his defence. and there Sha!l
be awarded 10 him compulsory process
for obtaining witnesses In his favor"
The charge in the Indictment Is as
follows:
did unlawfully. fcloniOusly and
knowingly cause n false return 10
he made Of the resultSof the votes
cast Tor I !. NEIl'Hdh III t''N'"'
number three. In the second ward.
Of the City or Wheeling. ONO
County. West Virginia. at a Munich
nal Precinct. Election. held pursuant
to law in said city. on the twenty
= sixth dav OF May. 1871. for the
purpose ur rlccting members Of the
Municipal CounCil for said city. he.
the said {. J.. Giligan, being then
and there ono of the candidates Tor
said council from the said Second
ward. at said election. and he. the
said Bcssemcr Nail. being then and
there one Of the duly Qualiicd poll
clerks In said precinct number 'Arcc
~ said second ward, at said eIec-
ton. and then serving AS SAID p"I'
clerk a; said election
Let US first examine what Is meant
hy tina word return as used in the said
indictment.
The statute does not define It. Docs
II mean the memorandum provided IN
section &c nf chapter , of the Code Or
, does It mean the certificate provided IN
section 81, in said chapter? or does
1, mean the ballots themselves. the poll
books. the tally-shcets. the certificates
and memorandum
The certificates of officials holding
an election Is prima facie evidence or
result thereof"
State VS.. Robinson. SIS ". Va. 7os.
Section is OF chapter , OF the Code.
the general election law made applica-
bic 10 primary elections. in prescribing
what Is TO he included in such returns
and considered by the canvassinG board,
says. The officers in whose custody
the ballots. poll hooks, tally-shccts and
certificates have been placed. shall lay
the same before them for examina-
ton"
state y. Hunter. ST w. Va. 5i7.
(Opinlon)
The county commissioners sitting as