by John Marshall Harlan

“ The conspiracy charged in that case did imperil the integrity of the vote for representative in congress, because the returns of the election related to representative in congress as well as to state officers, and were liable to be falsified if they passed, before certificates of election were issued, into the hands of unauthorized persons. But this reasoning has no application to the present case. Voting, in the name of another, for a state officer, cannot possibly affect the integrity of an election for representative in congress. ”

“ It was consequently held, in Coy's Case, that a conspiracy by unlawful means to induce the officers of election appointed by the state to omit the duty imposed upon them by the state law in respect to the custody and safe-keeping of sealed returns showing the results of an election held for both state officers and for representatives in congress, was an offense against the United States, although the only purpose of the conspirators may have been to obtain the custody of such returns for the purpose of fraudulently changing them so far as they applied to certain state officers. ”

“ If the attempt to so vote was immediately followed by voting, then the allegation that the accused attempted to vote was unnecessary. The first count leaves it in doubt whether it was intended to charge two distinct offenses, or only the offense of voting in the name of another person. This defect alone might not have been sufficient, after verdict, as ground for arresting the judgment on that count; but it is referred to as supporting of illustrating the rule that enjoins such certainty in an indictment as will inform the accused of the precise nature of the charge against him. ”