Page:Federal Reporter, 1st Series, Volume 6.djvu/837

 tJNITBD STATES V. SLATBB. 825 �F. W. Miner, for the United States. �J. A. Martin, for defendant. �McCoBMiCK, D. J. The information in this case charges ^n substance "that the defendant, on the second of Novem- ber, 1880, at Marlin, Falls county, Texas, as an officer of a general election, including among other offioers to be voted for a representative in congress, did unlawfully and knowingly receive the vote of one J. P. Kramer, a person who was not entitled to vote then and there at said election, because he, the said J. P. Kramer, had not been a citizen of and had not resided in Falls county for and during six months next pre- ceding said election, but the said J. P. Kramer had been a resident and citizen of Robertson county, Texas, down to a period within less than six months prior to said election." �The defendant moves to quash the information on the ground — "First, that the bill charges no offence against the laws of the United States ; second, because it does not appear from said bill of information that the said J. P. KrameE..did not reside for the last six months lu the district in which he offered to vote and did vote." �The question raised by this motion is, does this bill of infor- mation show that said J. P. Kramer was not entitled to vote at ail, at the time and place wheu and where said election was held ? Our present constitution, then in force, declares "every maie person, [not subjeot to certain disqualifications,] who shall have attained the age of 21 years, and who shall be a citizen of the United States, and who shall have resided in this state one year next preceding an election, and the last six months within the district or county in which he offers to vote, shall be deemed a qualified elector ; • * * and ail electors shall vote in the election precinct of their residence : provided, that ail electors living in any unorganized county may vote at any election precinct in the county to which such unorganized county is attached for judicial pur- poses." �Of our previous constitutions, that of 1845 and that of 1866, the provisions of which were in force from the original formation of the state to the thirtieth of March, 1870, ��� �