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STATE v. SMITH

22 N.J. 59 (1956)

123 A.2d 369

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN SMITH, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ELIZABETH SMITH, ALSO KNOWN AS ELSIE SMITH, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 13, 1956.

Attorney(s) appearing for the Case

Mr. David M. Perskie argued the cause for appellants (Messrs. Perskie & Perskie, attorneys).

Mr. David D. Furman, Deputy Attorney-General, argued the cause for the State (Mr. Grover C. Richman, Jr., Attorney-General, on the brief).

The opinion of the court was delivered by HEHER, J.

The defendants, John Smith and Elizabeth Smith, his wife, were convicted by a jury on indictments, each of six counts, severally charging, mutatis mutandis (counts 1, 3, 4 and 6) that they voted "fraudulently" at the primary and general elections held in 1953 and 1954 in the Borough of Avalon, in the County of Cape May, New Jersey, "then and there knowing or having reason to believe himself not entitled to...

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