Article V, § 8 — Prosecution for election offenses; procedure; appeal; bond

Every prosecution for any of the offenses mentioned in Section 7 of this Article shall be on information filed by the Attorney General after examination and commitment or holding to bail by a judge or Justice of the Peace, and the cause shall be heard, tried, and determined by the court without the intervention of either a grand jury or petit jury. The accused, if adjudged guilty of the offense charged, shall have the right at any time within the space of 3 calendar months next after sentence is pronounced to an appeal to the Supreme Court. The court below, or any judge thereof, in term time or vacation, shall upon application by the accused allow such appeal; but such appeal shall not operate as a supersedeas unless the appellant shall at the time of the allowance thereof give an appeal bond to the State of Delaware in such amount and with such surety as shall be approved by such court or judge. On such appeal the Supreme Court shall, with all convenient speed, review the evidence adduced in the cause in the court below, as well as the other proceedings therein, and the law applicable thereto, and give final judgment accordingly, either affirming or reversing the judgment below. If the appellant shall fail to prosecute the appeal under the rules and practice hereinafter provided for, the Supreme Court shall affirm the judgment of the court below. Where the sentence in the court below includes a term of imprisonment and an appeal bond is given and approved in manner aforesaid, the Supreme Court, if it affirm the judgment below, shall sentence the appellant to a term of imprisonment equal to that imposed by the court below, after deducting therefrom a period equal to the time of imprisonment, if any, already suffered under the sentence of the court below. The surety or sureties in any appeal bond given under the provisions of this Section shall have the right at any time after its approval and until final judgment shall be rendered by the Supreme Court, and, in case the judgment of the court below shall be affirmed, until the expiration of the space of 30 days next following such affirmance, to take, wherever found, and render the appellant to the sheriff of the county in which the appellant was sentenced; and a certified copy of the appeal bond shall be the sufficient warrant for such surety or sureties for such taking and rendering. If the Supreme Court shall reverse any judgment of the court below imposing a fine, and if the accused shall have fully paid such fine and the costs of prosecution, the amount thereof shall be refunded to the appellant through a warrant drawn by the court below on the treasurer of the county in which the accused was sentenced. All the judges entitled to sit in the Supreme Court shall, as soon as conveniently may be, meet at the usual place of sitting of the court, and they, or a majority of them, shall adopt rules prescribing the forms and conditions of appeal bonds to be used under the provisions of this Section, and the manner of certifying copies thereof, providing for the printing or reduction to writing of all oral evidence in the cause in the court below and of the opinion of the court, for the certification of the same when so printed or reduced to writing, and of copies thereof; for the copying and certification of all documentary or other written or printed evidence in the cause in the court below and of the record therein; for the transmission to the Supreme Court of such certified copies of such record, and of all the evidence adduced in the court below and of the opinion of the court for the transmission to the court below of a certified copy of the final judgment of the Supreme Court and of any additional sentence pronounced by the court, for the discharge of securities in appeal bonds, and for the framing, issuance, service, and enforcement of all process and rules necessary to give full effect to the provisions of this Section; and regulating generally the practice and procedure of the Supreme Court and the court below in cases of appeal under this Section. The judges, or a majority of them, met as aforesaid, may also provide that when complaint shall be made in due form, prescribed by them, to any judge entitled to sit in the Supreme Court, that any offense mentioned in Section 7 of this Article has been committed in the county in which such judge shall reside, or out of this State, such judge shall have power to cause the person charged with such offense to be arrested within any county of this State and brought before such judge, and to bind the person with sufficient surety, or, for want of bail, commit the person for appearance and answer at the next term of the Court of General Sessions in such manner and under and such rules and regulations as the judges, or a majority of them, shall prescribe. From time to time hereafter, whenever a majority of all the judges entitled to sit in the Supreme Court shall so request, all of the judges so entitled shall, as soon as conveniently may be, meet at the usual place of sitting of the court; and they, or a majority of them, shall have power to revise, amend, add to, or annul, any rule or rules theretofore adopted touching forms, practice or procedure in cases of appeal under this Section, or arrest and binding or commitment for appearance and answer, in such manner and to such extent as in their judgment shall best serve to effectuate the purposes hereof. No person shall be adjudged guilty of an offense mentioned in Section 7 of this Article without the concurrence of all the judges trying the case; and upon appeal no judgment of the court below shall be affirmed without the concurrence of all of the judges of the Supreme Court sitting in the case, and their failure to concur as aforesaid shall operate as a reversal of the judgment of the court below; provided, however, that such concurrence of the judges sitting in the Supreme Court shall not be necessary for the affirmance of the judgment of the court below where the appellant shall fail to prosecute the appeal under the rules and practices herein provided for.