Commonwealth v. Fine
Decision Date | 12 January 1950 |
Citation | 70 A.2d 677,166 Pa.Super. 109 |
Parties | COMMONWEALTH v. FINE. |
Court | Pennsylvania Superior Court |
Argued September 27, 1949.
Appeal, No. 203, Oct. T., 1949, from judgment of Court of Quarter Sessions of Philadelphia County, May Sessions, 1948 No. 1371, in case of Commonwealth of Pennsylvania v. Joseph Fine.
Indictment charging defendant with illegal assistance of voters during an election. Before Bok, P. J.
Defendant's demurrers sustained as to some of the charges; verdict of guilty with recommendation of leniency as to remaining charges and judgment of sentence entered thereon. Defendant appealed.
David Kanner, for appellant.
Kenneth D. Matthews, Assistant District Attorney, with him John H. Maurer, District Attorney, for appellee.
OPINION
This is an appeal from a conviction of illegally assisting certain voters in Philadelphia in the general election of 1946. After his conviction by a jury, the defendant filed motions for arrest of judgment and a new trial. These motions were denied, sentence was duly imposed and this appeal followed.
Section 1220 of the Pennsylvania Election Code, 1937 P. L. 1333, 25 PS 3060, provides in part as follows: "No elector shall be allowed to occupy a voting compartment or voting machine booth already occupied by another, except when giving assistance as permitted by this act." The requirements for receiving assistance in voting are set forth in Section 1218, 25 PS 3058, which provides in part as follows:
In support of his motion in arrest of judgment the defendant attacks the sufficiency of the indictment, which is as follows: "Joseph Fine . . . on the fourth day of November . . . one thousand nine hundred and forty-six . . . in the twenty-first election district or division of the twentieth ward of the city of Philadelphia, at the General Election . . . did then and there unlawfully assist a voter thereof, to wit, one Elmira Norris in preparing the voting machine for voting, and who voted in said election district or division of said ward of said city, without the said Elmira Norris having had recorded upon her registration card her declaration, that, because of illiteracy, she was unable to read the names on the voting machines, or that she . . . had a physical disability which rendered her unable to see or operate said voting machine without assistance, and without . . . stating distinctly and audibly under oath or affirmation, administered to her by the judge of election, the reason why she required assistance; contrary to the form of the act of the General Assembly . . ." Additional counts using the same language alleging that the defendant unlawfully assisted other named voters are included in the indictment.
The essential element of crime, unless otherwise declared by statute, is the intent to commit it, or the wilfulness of it. Com. v. Junkin, 170 Pa. 194, 32 A. 617. " Com. v. Liberty Products Co., 84 Pa.Super. 473, 475-476; Com. v. Borek, 161 Pa.Super. 200, 203-204, 54 A.2d 101.
The defendant contends that the indictment does not charge a crime because it fails to state that he knew that the voters whom he assisted had not qualified for assistance, i.e., it fails to charge that he had guilty knowledge or intent. Whether a criminal intent, or a guilty knowledge is a necessary ingredient of a statutory offense is a matter of construction to be determined from the language of the statute, and in view of the manifest purpose and design of the same. Com. v. Weiss, 139 Pa. 247, 21 A. 10. As we stated in Com. v. Hackney, 117 Pa.Super. 519, at page 524, 178 A. 417:
The definition of illegal assistance in voting is set forth in Section 1830 of the Election Code, 25 PS 3530, which provides in part as follows: ". . . any person who shall go into the voting compartment or voting machine booth with another while voting or be present therein while another is voting, or mark the ballot of another or prepare the voting machine for voting with another, except in strict accordance with the provisions of this act . . . shall be guilty of a misdemeanor . . ." Defendant's contention raises the question: Does section 1830 make guilty knowledge an essential element of the crime of rendering illegal assistance to a voter?
The reasons for sustaining legislation which makes certain acts crimes and punishable as such without regard to defendant's motive, intent, reasonableness or good faith, are stated to be: (1) To require a degree of diligence for the protection of the public and (2) convenience of enforcement. Both of these reasons are applicable to the question before us. As...
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