Tibbals v. State

The plaintiff in error was indicted for making a false return to a writ of replevin as constable of tbe town of Port Washington.

Tbe plaintiff in error demurred to tbe indictment, but tbe demurrer was overruled, whereupon be pleaded not guilty, was tried, convicted and sentenced to pay a fine of $25 and costs.

Tbe charging part of tbe indictment is in tbe following words; *597said writ of replevin in bis possession, did knowingly, unlawfully, willfully and corruptly tben and there falsely return in writing upon said writ of replevin, that he had by virtue of said writ of replevin, on the 31st day…