Rogers v. People

PLAINTIFF in error, a county commissioner, hereinafter referred to as defendant, or Rogers, was indicted for the illegal use of public funds, convicted and sentenced to the penitentiary for a term of six to ten years. To review that judgment he prosecutes this writ and asks that it be made a supersedeas. We elected to finally dispose of the cause on the application. It has accordingly been fully briefed and orally argued.

The statute under which the indictment was returned reads: "If any officer appointed or elected by virtue of the constitution of this state, or any law thereof, as an…