Grebe v. State

Defendant was convicted in the district court for Cass county under an indictment in which he was charged with malfeasance in office for unlawfully assaulting one Hayward.

At the time charged in the indictment, defendant was a constable within Cass county and the prosecution is based upon the provisions of section 9722, Comp. St. 1922.

By instruction No. 3, the court told the jury: “The statute of the state of Nebraska, in so far as it pertains to the offense charged against the defendant herein, provides: ‘Any * * * constable * * * or any ministerial officer, who shall be guilty of any…