English

The defendant, himself a duly qualified elector and entitled "to vote in precinct No. 83 of Sacramento County, was indicted by the grand jury of said county for the crime of voting at the general primary election held throughout the state on the thirty-first day of August, 1920, in said precinct No. 83 of said county, upon the false and fraudulent representation that he was one John Henry Miller, who, the indictment alleges, was “a duly qualified elector of the county of Sacramento” at the time of said election, “and then and there duly and legally qualified and entitled to vote as such elector at said election at August primary” in said precinct No. 83 of said county.

A trial of the accused resulted in his conviction by the jury of the offense so charged, and he prosecutes this appeal from the judgment and the order denying his motion for a new trial.

The indictment was based on section 46 of the Penal Code, which is as follows: “Every person not entitled to vote, who fraudulently attempts to vote, or who, being entitled to vote, attempts to vote more than once at any election, or who personates, or attempts to personate, a person legally entitled to vote, is punishable by…