State v. Nichols

This was a motion entered against a sheriff, under the provision of the statute, Rev. Code, 123, Art. 120, for a false return made on process in his hands, issued against a party charged with a misdemeanor. It appears by the record that the alleged false return was made by the sheriff’s deputy, and the motion thereupon was made against the sheriff and the sureties on his official bond.

Several questions of but little importance are raised. But two points are presented involving the construction of the statute, which are worthy of consideration. The first of these is, whether, the false return…