In re People Ex rel. Purley
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, Joaquin County. On the 27th November, 1850, the District Attorney filed his presentment in accordance with the Statute, &c., against defendant acting as a Justice of the Peace in the town of Stockton, Joaquin County, and late one of the Judges of the Court of Sessions in and for said county, charging defendant with wilful and corrupt misconduct in his official capacity, both as a Justice of the Peace and as a…
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Appeal from the District Court of the Fifth Judicial District, Joaquin County. On the 27th November, 1850, the District Attorney filed his presentment in accordance with the Statute, &c., against defendant acting as a Justice of the Peace in the town of Stockton, Joaquin County, and late one of the Judges of the Court of Sessions in and for said county, charging defendant with wilful and corrupt misconduct in his official capacity, both as a Justice of the Peace and as a Judge of said court. Charge 1st. That about the 1st June, 1850, a negro, of the name of Hall, was arrested and brought…
1Opinion of the Court
The opinion of the Court was delivered by Heydeneeldt, Justice; Anderson, Justice, dissenting.
Heydeneeldt, Justice,—
The appellant was tried for malfeasance 'in office as a justice of the peace upon two charges.
The first is said to be for illegal fees in a note at the foot of it; but in the body of the presentment it is not alleged, that the defendant took illegal fees, nor do the facts as detailed in the charge lead to the inference, that the deposit he required was for fees; nor is it said that he acted wilfully and corruptly, as the terms of the statute would require.
The second charge is,…
2Cited by4 opinions
- People v. MarkhamCalifornia Supreme Court · 1883
- State v. ButlerSupreme Court of Missouri · 1903
- State v. WilburSupreme Court of Missouri · 1971
- Anderson v. MenzelCalifornia Court of Appeal · 1934