Reports of Cases Determined in the Supreme Court of the State of Washington (Volume 26)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902. Excerpt: ... Opinion of the Court--White, J. 26 Wash. surrender of which slip of paper to a third person outside the polls a sum of money was given to the voter, and that the defendant was with the voter in the voting booth at the time the latter marked his ballot, at the voter's request for instructions in regard thereto, but defendant did not ask the voter to vote any particular ticket, merely telling him that an X at the top of the national ticket voted the whole ticket, and showing how to mark the ballot in order to vote the ticket from governor down; there being no evidence of any relationship or conspiracy between the defendant and the person giving the voter money, or that the voter knew the object of the slip of paper at the time he procured it, his actions in the matter being at the request of parties not in collusion with defendant, but who were attempting to discover corruption in the election. Appeal from Superior Court, Kittitas County.--Hon. Frank H. Rudkin, Judge. Affirmed. John B. Davidson, for appellant. C. V. Warner, Prosecuting Attorney (Carroll B. Graves and Austin Mires, of counsel), for the State. The opinion of the court was delivered by White, J.--A motion has been interposed to strike appellant's brief, and to affirm the judgment of the court below, because the brief does not point out the errors relied upon by the appellant for reversal. We think it sufficiently appears from the brief that the insufficiency of the evidence on the part of the state to support conviction and the insufficiency of the information are the errors relied upon, and the motion is therefore denied. Appellant was informed against by the prosecuting attorney of Kittitas county, charged with the crime of improperly attempting to influence an elector in giving his vote a...