State v. Coon
Supreme Court of Minnesota
The defendant was indicted in the district court for Bine . Barth county, tried, found guilty, and sentenced to pay a fine of $100, and he removes the case to this court by appeal. Upon the arraignment of the defendant he demurred to the indictment, and his demurrer was overruled.
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The defendant was indicted in the district court for Bine . Barth county, tried, found guilty, and sentenced to pay a fine of $100, and he removes the case to this court by appeal. Upon the arraignment of the defendant he demurred to the indictment, and his demurrer was overruled. As the only question raised in this court is as to the sufficiency of the indictment, and as the indictment, and the objections raised thereto, are sufficiently stated in the opinion of the court, no further statement of the case is necessary.
1Opinion of the Court
By the Gourt
Gilexllan Ch. J.
This is an indictment against the defendant for “ wilfully neglecting to perform his duty as a justice of the peace, and for misbehavior in office as a justice of the peace.” The specific acts charged are, in substance, that the defendant having' in his posses*458sion, as justice of the peace, sixty dollars and twenty cents, received by him in satisfaction of a judgment recovered before him by one Martin Klein, he did “ wilfully, corruptly and fraudulently withhold it ” from said Klein ; that Klein having called on him, and made i/nguvry of Mm about the said judgment,…
2Cited by1 opinion
- State v. WedgeSupreme Court of Minnesota · 1877