State v. Kerby

Kerby is a justice of the peace for Hamilton county and was indicted under chapter 114, Acts 1903, for certifying to the criminal court of said county for payment by the county a certain bill of cost accruing in a case originating outside of the civil district in which he was elected, and tried by him. In the court below a motion to quash the indictment was sustained because the act of the legislature under which the defendant was indicted violates article 1, section 8, of the Constitution of this State, and because it violates article 11, section 8, in that it creates a “crime that can be…