State v. Dixon

The opinion of the court was delivered by

Mason, J.:

A prosecution for misconduct in office was begun against a city marshal. A motion to quash the information was sustained, and the state appeals. The statute involved reads:

“Every person exercising or holding any office of public trust who -shall be guilty of wilful and malicious oppression, partiality, misconduct or abuse of authority in his official capacity, or under color of his office, shall on conviction be punished by imprisonment in a county jail for a term not exceeding one year, and fined not exceeding one thousand dollars.” (Gen.…