State v. Oden

The appellee was indicted under section 2018, R. S. 1881, being section 2115, R. S. 1894, for extortion in receiving illegal fees. Upon his motion the indictment was quashed. This ruling constitutes the error upon which this appeal is grounded.

*137The statute provides that “any officer under the constitution or laws of this State who, by color of his office, asks, demands or receives any fee or reward, other than is allowed by law, to execute or do his official duty, or takes, charges, asks, demands or receives any more or greater fees than are allowed by law for such official duty -*-*** * Upon…