Rogers v. People

Although I am not satisfied that other points urged by plaintiff in error have been rightly resolved, I comment only upon his contentions: (1) That section 262, chapter 48, ’35 C. S. A., under which the prosecution proceeded, is without application to county commissioners or to their acts in relation to the discharge of their duties; and, (2) that a remark of the court during the trial was materially prejudicial. The statute and indictment are quoted in the opening of the court opinion.

1. County commissioners, three for each county, are constitutional officers. Art. XIV, § 6, Constitution;…