State v. Merritt
Tennessee Supreme Court
EROM DEKALB. The defendant was indicted in the Circuit Court of DeKalb county, for extortion, in demanding, as constable, a levying fee of one dollar. The offense is alleged to have been committed on the 23d of April, 1857. At the August Term, 1857, Judge Goodall sustained the defendant’s demurrer to the indictment, from which Attorney General Williams appealed in error.
1Opinion of the Court
Carüthers, J.,
delivered the opinion of the Court.
The defendant was indicted for extortion as a constable. An execution came to his hands • against Shad drick Trammel, in favor of Kerr and Burton, on 23d of April, 1857, which was levied upon a bay mare, the property of Trammel, and .for this levy he charged and *68received one dollar, as a part of his costs. The indictment charges that this was extortion, as he was only entitled by law to fifty cents.
The indictment was quashed on motion of defendant, upon the ground, that he was entitled to the fee of one dollar by the act of 1856, eh. 264, § 7.…
2Cited by1 opinion
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