Cargile v. State

E. C. Cargile and E. L. Stephens were separately indicted for the offense of malpractice in office. Each indictment contained five counts. The defendants were tried separately. In each case demurrers, general and special, were interposed to each count of the indictment. All of the demurrers were overruled, except the special demurrer attacking the allegation in each count that the specified acts of the defendant were conduct “unbecoming the character of an upright county commissioner,” and the special demurrer interposed to the charge that the defendant voted to pay and did pay the county…