Page:Federal Reporter, 1st Series, Volume 6.djvu/164

 152 FEDERAL REPORTER. �goods varied in these characteristics so mueh as to be classi- fied and to be known in the trade by different names, is significant of the difference in the oharacter and description of the goods. There waa no dispute upon the facts. Neither party asked to go to the jury, but each claimed that it was entitled to a direction as matter of law. Let judgment be entered upon the verdict. ���United States v. Watkinds. �{Oireuit Court, D. Oregon. March 11, 1881.) �Inmctmbiit — Knowinglt. �An indictment for voting without having a lawful right to vote, contrary to section 5511, Rev. St., should contain an allegation that the defendant " knowingly " bo voted, even if the possession of such knowledge by him is a mere question of law. �Conviction of Crime — Foefkitdkb of ihb Pbivilege of an Eleotob. �The constitution of the state of Oregon (article 2, 4 3) declares that " the privilege of an elector shall be forfeited by a conviction of any crime which is punishable by imprisonment in the penitentiary. ' ' The defendant was indicted for an assault with a dangerous weapon, con- trary to section 536 of the Oregon Criminal Code, which crime was thereby made punishable by fine or imprisonment in the jail or peni- tentiary, in the discretion of the court, to which accusation he pleaded guilty, and was sentenced to pay a fine of $200. Afterwards, on June 7, 1880, the defendant voted for representative in congress at an elec- tion held in Madison precinct, Oregon. Held, (1) that the term " con- viction," as used in the constitution of Oregon, supra, is used in its primary and ordinary sense, and signifies a proving or flnding that the defendant is guilty, either by the verdict 6f a jury or his plea to that effect.and does not includethe sentence which follows thereon ; (2) that a crime " is punishable by " imprisonment in the penitentiary when by any law it may be so punished, and the fact that it also may be or is otherwise punished, does not change its grade or character in this respect ; (3) that the defendant was convicted, by his plea of guilty, of a crime punishable by imprisonment in the penitentiary, and thereby forfeited his privilege as an elector under the constitution of Oregon; and (4) that, assuming the term " conviction " to include the sentence, still the defendant was convicted of a crime so punish- ��� �