State v. Kelly

The opinion of the court was delivered by

Gummere, Chief Justice.

The defendant in this case was the sheriff of Hudson county, and he was indicted for and convicted of a violation of section 15 of “An act concerning sheriffs” (Comp. Stat., p. 4842), which makes it the duty of sheriffs and jailers to receive from constables and other officers all persons who shall be apprehended by such constables or officers for offences against the state; and provides that if any sheriff or jailer refuse to receive any such offenders he shall be adjudged to be guilty of a misdemeanor, and, on conviction, shall…