Nugent v . Phelps 816 So.2d 349 816 So.2d 349, 36,366 (La.App. 2 Cir. 4/23/02) (Cite as: 816 So.2d 349, 36,366 (La.App. 2 Cir. 4/23/02)) with respect to his testimony and no error was assigned to this ruling. The last trial witness was the plaintiff, Gleason Nugent. He stated that "during the election," he was told of vote buying, that he investigated the allegations, and that he contacted the state about election fraud. He indicated that he went to the Winni-Mart where he talked to James Womack and discovered that an account had been set up. He recovered $100 from Mr. Womack and asked to see the account set up at the store. Womack allegedly showed him an account. Plaintiff identified a document as the account, but said Womack never gave him a copy; he received the copy **10 only "this morning." An objection then was made to the document because it was not entered into evidence through Mr. Womack who had testified previously. The court ruled that the document purported to be a business record of the Winni-Mart and would be properly identified by the custodian of the Winni-*356 Mart records. The document was not identified when Mr. Womack was on the stand, and the court ruled that plaintiff could not identify business records that were not his own, whether they were shown to him or not. Plaintiff's counsel then made a proffer of the alleged copy of the list, with plaintiff indicating that the document had the word "Lip" on it. Plaintiff also testified that what caught his attention on the document was a notation, "five voters--a case of Bud." With respect to the grand jury proceedings, plaintiff testified that he appeared before the grand jury from Monday through Thursday of the week preceding the election, and that his appearance there interfered with his ability to campaign. He felt this was done intentionally. On crossexamination denied that he had contested absentee votes. At the conclusion of cross-examination, plaintiff rested his case. Immediately thereafter, a motion was made for involuntary dismissal, and after hearing the argument of the attorneys and reviewing the evidence briefly, the court stated that the burden was upon the plaintiff to establish that irregularities occurred that would have made a difference in the election. The court noted there was no challenge to any of the absentee voting as set out in the election code, so the court was left with the allegation that the three dismissed plaintiffs were Page 6 not allowed to vote due to the alleged scheme by the District Attorney which would include Judge Wiley and the grand **11 jury proceedings. The court found that the plaintiff had not met its burden of proof as to that alleged scheme. Accordingly, the court granted the motion to dismiss. ASSIGNMENTS OF ERROR Appellant has raised the following assignments of error: (1) The trial judge erred when he failed to find that the number of persons, who were bribed for their votes by a worker for Benji Phelps was sufficient to change the outcome of the election, as required by the holding of Savage v. Edwards, [98-1762 (La.App. 3 Cir. 11/23/98), 728 So.2d 428, affirmed, 98- 2929 (La.12/18/98), 722 So.2d 1004], and therefore, the election should have been declared null and void. (2) The trial judge erred and committed reversible error when he informed potential witnesses that their testimony could be used against them and that they could be convicted of violating La. R.S. 14:119, bribery of votes [sic], without telling them that they could be given immunity from prosecution if they came forth with truthful testimony. (3) The trial judge erred when he failed to find that the votes of Johnny Ray Carpenter, Shelia White and Doris Abrams, ardent supporters of appellant, Gleason Nugent, should have been counted because they were intentionally incarcerated for the sole purpose of keeping them from campaigning and voting in the April 6, 2002 election for chief of police. (4) That the trial judge failed to find that District Attorney Terry Reeves, a strong supporter of Benji Phelps, abused the powers of his office when he subpoenaed appellant, Gleason Nugent, to appear before the trial jury a week leading up to the election. DISCUSSION Before discussing appellants' assignments of error, we note that appellee, Benji Phelps, filed a motion to dismiss this appeal, arguing that the appeal was untimely. *357 However, at oral argument appellee abandoned his **12 motion. [FN3] FN3. The motion was based on the requirement that an appeal under La. R.S. 14:1409 D must be © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. 349