
    1532.
    Norton v. The State.
    Accusation of misdemeanor, from DeKalb superior court- — -Judge Eoan. November 16, 1908.
    Argued January 14,
    Decided February 9, 1909.
    
      Candlers, Thomson & Ilirsch, B. L. D. McAllister, J. D. Kilpatrick, L. J. Steele, Asa Warren Candler, for plaintiff in error.
    
      William Schley Howard, solicitor-general, contra.
   Powell, J.

1. By section 114 of the Political Code it is made the duty of the managers of a primary election to count the votes “publicly.” By section 632 of the Penal Code a wilful violation of this duty is a misdemeanor. As to what would be “publicly,” see the case of Tilton v. State, ante, 59 (62 S. E. 651).

2. The other points presented are controlled by the decision this day rendered in Norton v. State, No. 1533, ante, 586 (63 S. E. 662).

Judgment ajvrmed.  