United States v. Anthony

24 F.Cas. 829 (N.D.N.Y. 1873) (No. 14,459)

Facts

Anthony (D), a woman, voted in a national election knowing that she was prohibited from registering to vote because she was a woman. D was indicted under a criminal statute of Congress that made it an offense to vote knowing that she did not have a lawful right to vote. D’s defense was that limiting the right to vote to males only was a violation of the fourteenth amendment. There were no factual disputes, and the court directed a verdict. D motioned that this was a violation of her right to a jury trial and motioned for a new trial.