Page:Federal Reporter, 1st Series, Volume 6.djvu/165

 UNITED STATES V. WATEINDB. 153 �sble, the liability to auch punishment and not the punishment sctu- ally inSicted being the circumstance wMch Controls the eflect of tli* conviction in this respect. �8. Pardoit. �Semble, that such f orf eited privilege may bo reitored by a pardon to that effect, granted in pursuance of a statute ezpressly authorizing it. �Indictment for Voting Unlawfnlly, contrary to section 6511, Bev. St. �Bujm MaUory, for the United States. �H. Y. Thompson, George H. Durham, Sidney DeU, and W. W. Pa^fe, for the defendant. �B. S. Strahan also submitted a brief for the defendant. : �Deadt, D. J. On December 17, 1880, the defendant was indicted, by the grand jury of the district court for the district of Oregon, for the violation of section 6511 of the Bevised Statutes, committed by voting on June 7, 1880, for a repre- sentative in congress, at an election for such representative, in Madison precinct, county of Multnomah, state of Oregon, without having a lawful right to do so, for that, on June 28, 1871, he was indicted by the grand jury of the circuit court for the county of Marion, state of Oregon, of the crime of an assault with a dangerous weapon committed upon theperson of Samuel A. Clarke, by shooting at him with a piatol, of which crime he was, on June 30th, thereaf ter, duly convicted by his plea of guilty to said indictment, and sentenced to pay a fine of $200 and the coBt of prosecution. The indictment was afterwards trans- ferred to this court, and the defendant comes and demurs thereto, because : (1) It does not allege that the defendant voted as charged knowing he had no right to vote ; and (2) upon the facts stated therein the defendant was not disqualified to vote as charged, The section (5511) under which the indictment is found declares that "if, at any election for representa- tive or delegatea in congress, any person knowingly person- ates and votes, or attempts to vote, in the name of any other person, whether living or dead, or fictitious, or votes more than once at the same election for any candidate for the same office, or votes at a place where he may not be lawf ully enti- tled to vote, or votes without having a lawful right to vote, ��� �