Opinion
Gen. No. 43,149. (Abstract of Decisions.)
Opinion filed November 7, 1945 Rehearing denied November 26, 1945 Released for publication November 27, 1945
ELECTIONS, § 241 — requirement that evidence be convincing to justify conviction. In action charging defendants, as judges and clerks of election, with making false canvass of votes cast, permitting spurious applications for ballots to be presented and filed, and permitting stuffing of ballot box by inserting ballots for each of spurious applications, it appearing from evidence that defendants were entirely innocent of any wrongdoing and unable to offer any explanation as to such wrongful acts, held that to justify judgment of conviction there must be convincing evidence of defendants' guilt.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the County Court of Cook county; the Hon. EDMUND K. JARECKI, Judge, presiding.
Judgment reversed and cause remanded. Heard in the third division, first district, this court at the October term, 1944.
Samuel S. Epstein and Walter Hamilton, for appellants;
Mayer Goldberg, of counsel;
William J. Tuohy, State's Attorney, for appellee;
John F. Cashen, Jr., Special Attorney to Board of Election Commissioners.
Not to be published in full. Opinion filed November 7, 1945; rehearing denied November 26, 1945; released for publication November 27, 1945.