State v. DeGeorge

This is an appeal from convictions of three Silver Bow County Commissioners of two counts of official misconduct, each a misdemeanor, under section 94-7-401(1 )(a) and (b), R.C.M.1947, which provides:

“A public servant commits the offense of official misconduct when, in his official capacity, he commits any of the following acts:

“(a) purposely or negligently fails to perform any mandatory duty as required by law * * * or

“(b) knowingly performs an act in bis official capacity which he knows is forbidden by law * *

A twelve person jury reached unanimous guilty verdicts in district court, Silver…