Russell v. State
Supreme Court of Georgia
Criminal law. Malpractice. Production of papers. Evidence. Practice in the Superior Court. Before Judge Tompkins. Chatham Superior Court. February Term, 1876. The following, taken in connection with the decision, sufficiently reports this case: Defendant made a motion in arrest of judgment on the following grounds: 1st. Because the indictment does not set forth the elements necessary to constitute an offense. 2d. Because it does not set forth the merits of the complaint.
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Criminal law. Malpractice. Production of papers. Evidence. Practice in the Superior Court. Before Judge Tompkins. Chatham Superior Court. February Term, 1876. The following, taken in connection with the decision, sufficiently reports this case: Defendant made a motion in arrest of judgment on the following grounds: 1st. Because the indictment does not set forth the elements necessary to constitute an offense. 2d. Because it does not set forth the merits of the complaint. Defendant also moved for a new trial, on the following, among other grounds : 1st. Because the court granted an order…
1Opinion of the Court
Warner, Chief Justice.
The defendant was indicted for the offense of malpractice in office as a justice of the peace, and on his trial therefor, was found guilty. The defendant made a motion in arrest of judgment, and also a motion for a new trial, on the several grounds therein set forth, both of which motions were overruled by the court, and the defendant excepted.
The malpractice in office, with which the defendant is charged, consists in his issuing an execution against the plaintiff, in a possessory warrant case tried before him, for the sum of $> 14 75, after deciding that the plaintiff…
2Cited by9 opinions
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- People v. RyanNew York Supreme Court · 1889
- Commonwealth v. DavisMassachusetts Supreme Judicial Court · 1930
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