Collier v. State
Supreme Court of Alabama
Ebom the Circuit Court of Chilton. Tried before tbe Hon. Jambs Q. Smith. Tbe indictment in this case contained several counts, wbicb charged, in substance, tbat tbe defendant, as county solicitor, knowingly received from one Reynolds, in tbe prosecution of three cases against Ben Stevens for petit larceny, greater fees than he was by law authorized to charge and receive.
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Ebom the Circuit Court of Chilton. Tried before tbe Hon. Jambs Q. Smith. Tbe indictment in this case contained several counts, wbicb charged, in substance, tbat tbe defendant, as county solicitor, knowingly received from one Reynolds, in tbe prosecution of three cases against Ben Stevens for petit larceny, greater fees than he was by law authorized to charge and receive. On the trial, as appears from the bill of exceptions, the State introduced J. H. Hannon as a witness, who testified, “ that he was a notary public, and ex officio a justice of the peace in said county; that Ben Stevens was…
1Opinion of the Court
BRICKELL, C. J. —
The statute under which the indictment is found, inflicts a penalty on a public officer, compensated for official services by fees, who receives for services not rendered the fee allowed if the service had been rendered, or any fee whatever; or who, for services rendered, takes other and greater fees than the law prescribes. R. C. § 3593. The offense cannot be committed, unless there is a right to demand a fee of the person paying it, or unless official service has been rendered for such person, for which a fee cannot be demanded. The object of the statute is the punishment…
2Cases cited2 opinions
- Cleaveland v. StateSupreme Court of Alabama · 1859
- Dunlap v. CurtisMassachusetts Supreme Judicial Court · 1813
3Cited by9 opinions
- Evans v. United StatesSupreme Court of the United States · 1992
- United States v. Casimir StaszcukCourt of Appeals for the Seventh Circuit · 1974
- State v. SavoieSupreme Court of New Jersey · 1975
- La Tour v. Stone, SheriffSupreme Court of Florida · 1939
- Evans v. United StatesSupreme Court of the United States · 1992
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