Legal Opinion

McCarthy v. Territory of Wyoming

Wyoming Supreme Court

Decided March 15, 1875PublishedCited by 1 opinion

Error to the Third Judicial District Court for Sweet-water county. A full statement of the case is contained in the opinion of the court. contended that the demurrer to the indictment should have been sustained, for the reason that such indictment did not set forth sufficient 'facts, etc., and cited: Luavs of Wyoming, 1869, 380; Wharton C. L., sec. 36á, et seq.; 27. S. v. Lancaster, 2 McLean, 431; People v. Allen, 5 Denio, 76; Van Vallcenbury y.

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Error to the Third Judicial District Court for Sweet-water county. A full statement of the case is contained in the opinion of the court. contended that the demurrer to the indictment should have been sustained, for the reason that such indictment did not set forth sufficient 'facts, etc., and cited: Luavs of Wyoming, 1869, 380; Wharton C. L., sec. 36á, et seq.; 27. S. v. Lancaster, 2 McLean, 431; People v. Allen, 5 Denio, 76; Van Vallcenbury y. Stale, 11 Ohio, 404; Tibbals v. State, 5 Mis. 596; State v. Hussey, 11 Am. R. 209; Bish. on Stat. Crimes, sec. 223; Cern v. Gibbs, 4 Dallas, 253;…

1Opinion of the Court

By the Court,

Fisher, C. J.:

This was an indictment with five counts, charging the defendant with malfeasance in office in demanding and receiving illegal fees as county clerk in and for said county of Sweetwater. The matters upon which the said indictment was based were as follows, after inserting the caption of the indictment in the usual form: That the grand jurors aforesaid, upon their oaths aforesaid, do further present and find that the said Timothy McCarthy, late of the county aforesaid, on the fourth day of February, A. D. 1873, at the county aforesaid, then and there being county clerk…

2Cases cited2 opinions

  1. Herring v. StateSupreme Court of Iowa · 1855
  2. Tibbals v. StateWisconsin Supreme Court · 1856

3Cited by1 opinion

  1. McGinnis v. StateWyoming Supreme Court · 1907

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