Eagan

Six persons, inclusive of appellant, who were officers of election in and for a certain precinct of *289 the city and county of San Francisco at the general election held November 6, 1894, are jointly accused by the indictment in this cause of felony committed in violation of the “Act to promote the purity of elections.” (Stats. 1893, p. 24.) Eagan was tried separately and convicted.

1. It is provided in section 27 of said act that “ Every person who willfully adds to or subtracts from the votes actually cast at an election, in any official or unofficial returns, or who alters such returns, is punishable by imprisonment, etc.” Disentangled from the verbiage with which it is embarrassed, the substance of the charging part of the indictment is that defendants confederated and conspired together to sign, certify, and attest, as true and genuine, the tally lists and returns of said election in said precinct, and did knowingly act in violation of the laws relating to elections, by signing, certifying, and attesting, as true and correct, tally lists and returns which showed that M. 0. Haley had received sixty-three of the votes cast at said election in said pre-cinct for the office of…