Page:Federal Reporter, 1st Series, Volume 6.djvu/166

 J54 FEDERAL REPORTER. �?■■■* * he shall be punished by a fine of not more th an $500, or by impiifeonment not more than three years, or by both, and shall pay the costs of the prosecution." �TJie defendant, in support of the first ground of his demur- rer, contends that the word "knowingly" is understood and implied, in each clause of this sentence, so that it must be .coastruedas if it read, "kno-wingly peraonates and votes, or attempts to vote, etc.; or knowingly votes more than once, etc.; or knowingly votes afc a place, etc.; or knowingly votes .twthout having a lawf ul right to vote." And I have no doubt that such is the true construction of it. In U. S. v. Anthony, 11 Blatoh, 200, which was an indictment upon the same statute for the same offenoe', it appears to have been so con- strued as a matter of course. The court, in speaking of the sectioii under consideration, saying that the "act makes it an offence for any person knowiugly to vote for such representa- tive (a representative in congress) without having a lawful right to vote." And, as this case was well contested on the part of the defendant and turned solely upon the question of her knowledge of her -want of *ight, this reading of the statute must have passed without contention, as being too plain for argument. In that case the defendant was qualified to vote, except for her sex; the law of the state (New York) being that none but maies shoiild vote. The defendant voted, claiming that under the fourteenth amendment to the constitution of the United States she was entitled to, notwithstanding she was a female. It was held, Hunt, J., that as the defendant knew ail the facts, and was presumed to know the law, her belief that she had a right to vote, when she had none, was no de- fence to the indictment, and therefore the court directed the jury to find the defendant guilty, which was done. The be- lief in such case may affect the sentence, but not the verdict. Whar. Cr. L. § 1835. �But the true reading of the statute being that the defendant's knowledge of the want of right to vote is an essential part of the crime, it should be expressly alleged in the indictment. Bish. Stat. Cr. § 827 et seq.; Whar. Cr. P. & P. § 164. The demurrer upon this point is sustained. But as another ��� �