Opinion
Gen. No. 9,605. (Abstract of Decision.)
Opinion filed February 7, 1941
ELECTIONS, § 241 — prosecution for vote fraud, sufficiency of evidence. Conviction for vote fraud was not sustained by the evidence, where it was based on the uncorroborated testimony of an accomplice who bore a bad reputation for truth and veracity, was an ex-convict, a professional gambler, who had asked defendant for money and upon being refused threatened to incriminate him, whose testimony was contradicted by other witnesses and corroborated only in minor matters, and 14 witnesses testified that defendant's reputation for truth and veracity was good; and instruction concerning credibility of an accomplice was erroneous.
See Callaghan's Illinois Digest, same topic and section number.
Error to Circuit Court of Will county; Hon. BEN F. ANDERSON, presiding.
Reversed. Heard in this court at October term, 1940.
William C. Mooney, Thomas D. Nash and Michael J. Ahern, for plaintiff in error;
Daniel J. Lamont and John J. Kennelly, of counsel;
James E. Burke, State's Attorney, for defendant in error.
"Not to be published in full." Opinion filed February 7, 1941.