Page:Federal Reporter, 1st Series, Volume 6.djvu/696

 684 FEDERAL REPORTER. �at the'places assigned in the registration or votiag lists by the persons whose names are registered thereon as their places of residence. It is made the duty of ail persons found by the supervisors at such places of residence, in the progress of their verification, in response to proper inquiries, to give to the supervisors ail the information in their possession in re- gard to the persons registered as residing there, bearing upon their' eligibility as voters. Neglect or refusai to answer such inquiries, or the giving of false information, is made a mis- demeanor, punishable by fine and imprisonment. The in- quiries can be lawfuUy made only at the places assigned as residences, and no person is bound, under the penalties of section 5523, to answer the inquiries or give the information elsewhere. The indictment should correspond with the stat- ute, and shpuld set forth the ofEence according to its terms. �The evidence at the trial shpwed that the inquiry of the suporvisor to the defendant, which he refused to answer, was made at the place assigned by him in the registration list as his place of residence. But the indictment fails to aver this with sufficient certainty, accordjing, to the rules of oriminal pleading. The allegation i^ that the superviser made an inqniry, which was a lawful inquiry, of the defendant, which. the defendant unla-wfuUy refused to ^nswer. But it desig- nates no place where the inqniry was made, except that it was made in the city of Boston. The indictment, therefore, describes no offence punishable by the laws of the United States. �The omission is matter of substance and not of form only, and the indictment is not aided by section 1025, which pro- vides that no indictment shall be deemed insufficient, nor shall the trial, judgment, or other proceeding thereon be affeoted, by reason of any defect or imperfection in matter of form only, which shall not tend to the prejudice of the de- fendant. �Judgment arrested. ��� �