On appeal from the Supreme Court, whose opinion is reported in 134 N.J.L. 126.
For the plaintiff in error, Edward R. McGlynn (William A. Dolan, of counsel).
For the defendant in error, Saul N. Schechter.
The opinion of the court was delivered by
WACHENFELD, J. In November, 1944, the Board of Elections of the Township of Blairstown, Warren County, consisted of John Larison, Gerald E. Christian, Elsa Becker and Dayton Brugler.
At the election on November 7th, there was a contest for the office of Township Committeeman, William M. Cornwell and O. S. Everitt both seeking that office.
At the close of the polls the election board counted the ballots and certified to the county clerk that Everitt had received 328 votes and Cornwell, 327 votes.
Thereafter, Gerald E. Christian, a member of the election board, made various disclosures in which he alleged that there were certain irregularities in the counting of the ballots, and he made and executed two affidavits to that effect. A recount was thereupon ordered by the Warren County Court of Common Pleas, which resulted in Cornwell's receiving 367 votes
and Everitt, 291 votes. An investigation ensued, resulting in the plaintiff in error's being indicted by the grand jury, and upon trial he was convicted.
The plaintiff in error contends that the indictment was defective and should have been quashed; that the court erred in admitting Exhibit S-2, the oath of election officers; Exhibit S-4, a certificate by the County Board of Elections showing the result of the recount made by it; Exhibit S-5, the tally sheet of the County Board of Elections directing a recount; and Exhibit S-6, an order of the Common Pleas Judge revoking the certificate of election of Everitt and directing a certificate issued to Cornwell. The plaintiff in error also contends that the verdict was against the weight of the evidence.
(1) The charge in the indictment is clear and precise and follows the statutory language. It fully informs the defendant of the charge made against him and sufficiently identifies the occasion so as to enable the defendant to prepare his defense.
The indictment presents with reasonable certainty all of the facts necessary to render the offense judicially apparent and should not be quashed. Haase v. State, 53 N.J.L. 34; Minochian ...