The People v. Small

After careful readings and full consideration of all the evidence in this case, including the exhibits, we are unable to concur in the decision or with the conclusion therein by the court. We deem it necessary to a clear understanding of the issues to state accurately the substantial averments or charges in the bill.

The bill as framed by the State contained one separate and distinct charge which applied to Small, only, which we will designate as the first charge and which is substantially the following:

First, that it was the duty of the defendant Small, during his term of office, to receive…