State v. Burris
| Decision Date | 29 March 1916 |
| Citation | 97 A. 427,29 Del. 166 |
| Court | Court of General Sessions of Delaware |
| Parties | STATE v. SAMUEL BURRIS |
Court of General Sessions, New Castle County, March Term, 1916.
INFORMATION No. 53, November Term, 1915.
An information charged Samuel Burris with the violation of Article 5, Section 7, Constitution of the State of Delaware in that, as alleged, he did cause or attempt to cause certain officers of a primary election, held in the City of Wilmington, to violate their duty to keep the polls open from one to seven o'clock, as required by statute. On special demurrer to the several counts in the information. Demurrer overruled. The facts are stated in the opinion.
Demurrer overruled.
Armon D. Chaytor, Jr., Deputy Attorney General, for the state.
David J. Reinhardt for the accused.
OPINION
This is a special demurrer to an information, charging Samuel Burris with the violation of a certain provision of Section 7, Article 5 of the Constitution of the State of Delaware.
Seven causes of demurrer are assigned, but the first and sixth were abandoned at the argument.
The second and third causes are substantially the same, and are that the facts alleged in each count of the information do not constitute any offense under the Constitution and laws of the state; the fourth is that the facts set forth in each count are not alleged with sufficient particularity to inform the accused of the offense with which he is charged; the fifth is that each count states a conclusion of law; and the seventh is that each count is in other respects uncertain informal and insufficient.
The allegations in the first and second parts of each count of the information are practically the same, and, it may be said in general language, set forth matters of a holding to bail of the accused to answer the charge that he did unlawfully attempt to cause, and did cause three certain officers of primary election, held in Wilmington Hundred, New Castle County, on the fifteenth day of May, A. D. 1915, under the provisions of Chapter 58, Revised Code of 1915, for the purpose of nominating candidates for a municipal election in the City of Wilmington, to violate their official duty by directing, commanding, counseling and advising said officers of election to close the polls at which said primary election was being held.
The argument of counsel for the accused in support of the demurrer was directed particularly to the allegations contained in the latter part of each count, that is to that part of the first count, charging that the said Samuel Burris, late etc., on etc., with etc., at etc., then and there while said primary election was being held as aforesaid by the officers aforesaid, and unlawfully intending to procure and cause said officers of election to close the polls at which said election was...
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