Baum v. State

• Citation: 157 Ind. 282,61 N.E. 672
• Parties: BAUM v. STATE.
• Decision Date: 22 October 1901
• Court: Indiana Supreme Court

157 Ind. 282
61 N.E. 672

BAUM
v.
STATE.

Supreme Court of Indiana.

Oct. 22, 1901.

Appeal from circuit court, Montgomery county; Jere West, Judge.

Harry Baum was convicted of selling his vote. From the judgment, he appeals. Affirmed.

Glodfelter & Fine and Irvin C. Dwiggins, for appellant. W. L. Taylor, Atty. Gen., C. C. Hadley, Merrill Moores, and F. P. Mount, for the State.

DOWLING, J.

Appellant was tried and convicted upon an affidavit and information

[61 N.E. 673]

charging him with the offense of selling his vote at the November election, 1900, in violation of an act of the legislature approved March 4, 1899 (Acts 1899, p. 381; Burns' Rev. St. 1901, § 2329). By the judgment of the court the appellant was disfranchised and rendered incapable of holding any office of trust or profit for the term of 12 years.

Error is assigned upon the overruling of the motion to quash the affidavit and information. The grounds of this motion were that the statute upon which the prosecution was founded is in conflict with sections 1, 2, and 8 of article 2 of the constitution of this state, and that the affidavit and information did not state facts sufficient to constitute a public offense. More specifically stated, the constitutional objections taken to the statute are (1) that the crime defined by it is not an infamous crime, and therefore not subject to the punishment of disfranchisement; (2) that it grants immunities to and protects one class of citizens, and punishes another class, each class being guilty of the same offense; and (3) that it prevents the freedom and equality of elections.

The sections of the act under which the appellant was tried and adjudged guilty are in these words:

“Section 1. That whosoever sells, barters, or offers to sell or barter his vote, or offers to refrain from voting for any candidate, or candidates, for any office, at any general, special, or primary elections, or convention, either for money, or property, or thing of value, or for any promise, or favor, or hope of reward, or who shall accept any money, property, or other thing of value, with the promise, or pretense of voting for, or refraining from voting for, any candidate, or candidates, shall, upon conviction thereof, be disfranchised, and rendered incapable of holding any office of profit or trust, for a period not less than ten years nor more than twenty years.

Sec. 2. Any person, or persons, having knowledge or information of the violation of the provisions of this act, who shall...