Commonwealth v. Anderson

• Decision Date: 15 January 1913
• Parties: COMMONWEALTH v. ANDERSON.
• Court: Kentucky Court of Appeals

152 S.W. 552

151 Ky. 537

COMMONWEALTH v. ANDERSON.

Court of Appeals of Kentucky.

January 15, 1913

Appeal from Circuit Court, Scott County.

R. H Anderson was indicted for crime. From an order sustaining a demurrer thereto, the Commonwealth appeals. Affirmed.

Jas Garnett, Atty. Gen., and M. M. Logan, Asst. Atty. Gen., for the Commonwealth.

J. F Askew, Bradley & Bradley, Jas. Bradley, B. M. Lee, and L. F Sinclair, all of Georgetown, and R. F. Peak, of Louisville, for appellee.

SETTLE J.

The grand jury of Scott county returned in the circuit court of that county, against R. H. Anderson, an indictment which omitting the formal parts, is as follows: "On the 1st day of July, 1911, the regularly organized, constituted, and acting committee and governing authority of the Democratic party of the state of Kentucky held a primary election in the state of Kentucky, county of Scott, and in the Turkeyfoot precinct of the county of Scott, at which election candidates for the Democratic nomination for the office of United States Senator from Kentucky and all the state officers of the state of Kentucky were voted for; that for at least 40 days prior to said primary election the committee and governing authority of said party did give public notice of said primary election by posting and causing to be posted such notice at and on the courthouse door in the city of Georgetown, county of Scott, and in and on at least 20 other public places in said county; that on and after said day and within 12 months before the finding of this indictment the said R. H. Anderson, who was then and there the duly selected and acting chairman of the Democratic county committee in and for the county of Scott and by virtue of his said office a member of the board for canvassing the returns and making certificate of said election and election returns to said committee and governing authority of the Democratic party of the state of Kentucky, while acting as such chairman and officer, he, the said R. H. Anderson, did unlawfully, willfully, knowingly, and feloniously make a false and fraudulent certificate of said primary election and election returns in and for the county of Scott and of and for the Turkeyfoot precinct in said county, in that the said Anderson willfully, knowingly, falsely, and fraudulently to one John White, who was making up the tabulated statement certificate and election return of the said election in and for said Scott county and of and for the several precincts in said Scott county and of and for the Turkeyfoot precinct in said county, did call to and cause said White to tabulate that Edward J. McDermott, who was a candidate for the nomination for the office of Lieutenant Governor in said election, had received one vote in said Turkeyfoot precinct for the Democratic nomination for said office, when in truth and in fact the election returns and certificate from said precinct from which said Anderson was calling showed plainly and he, the said Anderson, then and there well knew that said election returns and certificate from said precinct signed by the officers of election in said precinct showed plainly that said Edward J. McDermott had received eleven votes in said precinct for the Democratic nomination for Lieutenant Governor in said Turkeyfoot precinct in said election; and he, the said Anderson, did so as aforesaid, to said White, call and cause said White to tabulate that Jas. P. Edwards, who was also a candidate for the Democratic nomination for the office of Lieutenant Governor in said Turkeyfoot precinct in said election, had received thirty-nine (39) votes in said Turkeyfoot precinct for the Democratic nomination for said office, when in truth and in fact the election returns and certificate from said precinct from which said Anderson was calling showed plainly and he, the said Anderson, then and there well knew that the election return and certificate from said precinct signed by the officers of election in said precinct showed plainly that said Jas. P. Edwards had received only twenty-eight (28) votes in said precinct for the Democratic nomination for the office of Lieutenant Governor in said Turkeyfoot precinct in said primary election, and after the said Anderson had so as aforesaid caused said White to make up said false and fraudulent tabulation, he, the said Anderson, did sign and certify said false and fraudulent tabulation as and for a true certificate of election and election return from said precinct and deliver and cause same to be delivered to the regularly organized, constituted, and acting committee and governing authority of the Democratic party of the state of Kentucky and as and for the true certificate of election and election return of and for the county of Scott in...