State v. McKelvey

The basic questions raised by this case are created by the statutes providing for travel allowances for county officials and authorizing civil suit by the prosecuting attorney to recover misapplied county funds.

Appellee contends that no breach of duty occurred when he accepted mileage money from other county officials who had first received this money from the county. Appellee’s contention shows that he is mistaken as to the intent of Section 325.20, Revised Code, which provides, in part:

“Except as otherwise provided by law, no elected county officer, and no deputy or employee of the county,…