Pierce and Smith v. State

CHRISTIAN, Judge.

— The offense is accepting a bribe; the punishment, confinement in the penitentiary for two years.

It was charged in the indictment that appellants were deputy constables, and by appropriate allegations it was charged that they accepted a bribe from E. Sallie. A conspiracy was not alleged. Appellants moved to quash the indictment on the ground that they were improperly joined in a single indictment in the absence of allegations charging a conspiracy. They take the position that there could be no joint liability for failure to discharge a statutory duty, and that their…