People v. Clarke

Kespondent was charged, under section 9367, How. Stat., with willful neglect of duty and corrupt conduct in the execution of his duty in canvassing election returns.

The information alleges that respondent “was guilty of willful neglect of duty and of corrupt conduct in the execution of his duty,” etc. The statute provides that if any officer “shall be guilty of any willful neglect of such duty, or of any corrupt conduct in the execution of the same,” etc. The information follows the language of the statute, except that the conjunctive, and not the disjunctive, is used, the reference being to…