Robbins v. Commonwealth

Opinion of the Court by

Judge Rees

Affirming.

The appellant, W. T. Robbins, the county judge of Bell county, was indicted for malfeasance in office, and upon his trial was found guilty and his punishment fixed at a fine of $100. In the judgment, the office of county judge was declared vacant!

On this appeal appellant relies upon two grounds for a reversal of the judgment: Errors of the trial court (1) in overruling the demurrer to the indictment, and (2) in overruling appellant’s motion for a peremptory instruction in his favor.

It is argued that the indictment is defective in that it fails to…