Smith v. State

This writ of error was taken to a conviction of the statutory offense- of “malpractice in office,” in neglecting to pay over to the county treasurer within ten days after the receipt of same, money received and collected by the accused as justice of the peace in payments of fines imposed upon convictions before the justice of the peace. Sec. 3481 Gen. Stats. of 1906; Sec. 3481 Compiled Laws of 1914.

A witness for the State testified that the accused kept a docket as justice of the peace; that a part of the docket “was torn out — a hundred and one or some odd pages, I don’t remember exactly.…