Commonwealth v. Tartar

CLAY, Commissioner.

The Commonwealth has asked for a certification of law on the question of whether or not an indictment for misfeasance in office, alleging the failure of a circuit judge to perform a statutory duty, charges a criminal offense. A demurrer to the indictment was sustained.

The indictment sets forth that appellee, acting in his official capacity as circuit judge, wrongfully and corruptly certified to the Clinton Circuit Court Clerk a list of grand jurors, some of whose names had not been drawn from a jury wheel or <Srum. Though the indictment makes no mention of it, the statute…