Marley v. State

The opinion' of the court was delivered by ’

Beasley, Chief Justice.

The plaintiffs in error were members of the board of freeholders of the county of Passaic, and are charged in the indictment before the court with incurring obligations in behalf of the county in excess of the appropriation and limit of expenditure provided by law, contrary to the provisions of the act of February 7th, 1876, entitled “A supplement to an act entitled ‘An act for the punishment of crimes.’ ”

At the trial, after the testimony was closed-, the justice who presided charged the jury that under the evidence the…