State v. Tiernan

• Decision Date: 23 November 1909
• Citation: 223 Mo. 142,122 S.W. 728
• Parties: STATE v. TIERNAN.
• Court: Missouri Supreme Court

122 S.W. 728

223 Mo. 142

STATE v. TIERNAN.

Supreme Court of Missouri, Division No. 2.

November 23, 1909.

1. ELECTIONS (§ 329) — FRAUDULENT REGISTRATION — EVIDENCE.

The secretary of the board of election commissioners, or any other witness knowing the fact, could testify that there was a general registration of voters in a city at the time and place where accused was alleged to have illegally registered.

2. WITNESSES (§ 247) — ANSWERS — REPETITIONS — ELECTION PRECINCTS.

Where a witness, in a prosecution for fraudulent registration, stated that there was a registration of voters on the days in question in all the election precincts of the city, and his attention was then called to the precincts by number, it was not necessary that he should repeat the word "election" every time he mentioned the precinct in order to establish that the offense was committed, as alleged, in the Eighth election precinct.

3. CRIMINAL LAW (§§ 1044, 1064) — APPEAL AND ERROR — QUESTIONS NOT RAISED AT TRIAL.

Where an objection that the indictment was found without any evidence before the grand jury, and that the names of the registration officers were not indorsed thereon, was not raised by a timely motion to quash or in the motion

for a new trial or in arrest of judgment, it could not be reviewed on appeal.

4. CRIMINAL LAW (§ 1064) — APPEAL — OBJECTIONS NOT RAISED AT TRIAL.

An objection that accused, after being arrested, was taken to the office of the circuit attorney to get from him a statement, and the statement of the circuit attorney with reference thereto, not having been assigned as a ground for a new trial, could not be considered on appeal.

Appeal from St. Louis Circuit Court; Geo. H. Shields, Judge.

William Tiernan was convicted of fraudulent registration, and he appeals. Affirmed.

C. Orrick Bishop, for appellant. E. W. Major, Atty. Gen., and Jas. T. Blair, Asst. Atty. Gen., for the State.

GANTT, P. J.

On the 21st day of September, 1908, the grand jury of the city of St. Louis returned an indictment charging defendant, William Tiernan, with fraudulently registering under a name not his own in the Eighth election precinct of the Fifteenth ward of the city of St. Louis. Defendant was arraigned and pleaded not guilty. A jury was impaneled and sworn to try the issue thus made. Their deliberations resulted in a verdict of guilty and the infliction upon defendant of a penalty of three years' imprisonment in the penitentiary. Motions for new trial and in arrest of judgment were duly filed and overruled, judgment was entered upon the verdict, and defendant appealed.

In due time defendant filed his bill of exceptions. The state's evidence tended to show: That a general registration of voters was held in the city of St. Louis on the 14th, 15th, 16th, and 17th of September, 1908; that the registration booth for the Eighth precinct of the Fifteenth ward in said city was at 819 North Twenty-First street; the registration judges in the precinct named were John J. Hickey, August O. Huesser, Fred Reitz, and Joseph Byrne, and the clerks were Louis Hoffman and John Gallagher, all duly commissioned except Byrne, who was sworn in to fill a vacancy. The judges were furnished with cards containing a form of oath to be administered to those applying for registration, and also furnished with a list of questions as to their qualifications, to be answered by such applicants. On one of the days mentioned, while the registration was in progress, defendant presented himself before the judges and clerks of registration of the Eighth precinct of the Fifteenth ward of the city of St. Louis at 819 North Twenty-First street, as charged. The prescribed oath was administered to him and the formal questions propounded as to his qualifications to vote at that place. His answers were such as, if true, to show him to be a qualified voter of said precinct...