State v. Wedge

Demurrer to indictment. The indictment is for misbehavior and malfeasance in office. Defendant was county attorney of Freeborn county. It appears from the indictment that one Pugh was in the custody of an officer, upon arrest under an indictment found by the grand jury of Freeborn county, also that a complaint upon a criminal charge had been duly made against Pugh before a justice of the peace in the county of Mower, of which complaint the defendant well knew. No warrant appears to have been issued on this latter charge.

The alleged misbehavior or malfeasance in office is that defendant…