People v. Carlin

These consolidated appeals by the people involve two orders of dismissal involving charges of misconduct *492in public office, MCL 750.505; MSA 28.773, and one charge of removal, mutilation, or destruction of public records, MCL 750.491; MSA 28.759. Essential to the charges of misconduct in public office is the question whether the lower courts were bound by precedent from this Court to the effect that a deputy sheriff is not a public officer or public official within the meaning of the common-law offense of misconduct in office, in such a manner that while acting “in the exercise of the duties…