People v. Coon
New York Supreme Court
Error from the Ontario general sessions. The defendant was indicted as a justice of the peace, for not taking sufficient sureties for the appearance of a person brought before him, on the charge of having, by false pretences, obtained the signature of an individual to a promissory note as surety for the offender.
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Error from the Ontario general sessions. The defendant was indicted as a justice of the peace, for not taking sufficient sureties for the appearance of a person brought before him, on the charge of having, by false pretences, obtained the signature of an individual to a promissory note as surety for the offender. He was tried and convicted, and the court of sessions arrested the judgment, on the ground that the indictment was not sufficient, and did not set forth an offence known and recognized by the laws of the state, and rendered judgment that the defendant go thereof without day, &c. The…
1Opinion of the Court
By the Court,
Bronson, J.
There is nothing in the objection that justices of the peace are not liable to be indicted for misbehavior in their offices. Whenever they act partially or oppressively, from a malicious or corrupt motive, they may be punished criminally. Discharging an offender without requiring sufficient sureties, when it is done with intent to pervert the course of law and justice, is clearly an indictable of-fence. Russell on Crimes, 213, 214. 4 Black. Comm. 141. 6 Mod. 96. 1 Burr. 556. 3 id. 1317,1716,1786. 1 Wils. 7. 1 T. R. 692. 4 id. 451. 2 Chit. Cr. L. 237, n. (e). Doug. 426.…
2Cited by6 opinions
- People v. StockingNew York Supreme Court · 1866
- State v. WinneNew Jersey Superior Court Appellate Division · 1952
- State v. WedgeSupreme Court of Minnesota · 1877
- Gove v. BlethenSupreme Court of Minnesota · 1874
- State v. . HeatonSupreme Court of North Carolina · 1877
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