Casey v. State
Supreme Court of Arkansas
APPEAL from Logan Circuit Court. H. F. Thomason, Judge. The indictment should have been quashed; it does not charge appellant with corruptly or willfully allowing the claim without the affidavit required by law. A judge of a court cannot be convicted for any erroneous or wrong decision, unless he corruptly decides a matter. 36 Ark., 268. Appellant was merely judge of a court of superior jurisdiction. Const., art. 7, sec. 28; Mansf.
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APPEAL from Logan Circuit Court. H. F. Thomason, Judge. The indictment should have been quashed; it does not charge appellant with corruptly or willfully allowing the claim without the affidavit required by law. A judge of a court cannot be convicted for any erroneous or wrong decision, unless he corruptly decides a matter. 36 Ark., 268. Appellant was merely judge of a court of superior jurisdiction. Const., art. 7, sec. 28; Mansf. Dig., secs. 1407, 1412. The allowance of the claim was a judicial act of court of superior jurisdiction. 38 Ark., 150. He is not liable unless he acted corruptly.…
1Opinion of the CourtCockrill, C. J.
The appellant, a county judge, was convicted of non-feasance in office for allowing against the county a claim to which no affidavit was attached. The statute requires an affidavit, and a section of the same act provides that: “Any judge of the county court, or clerk of said court, who shall willfully violate any of the provisions of this act, or neglect or refuse to perform any duty herein imposed, shall be deemed guilty of a misdemeanor, and upon conviction thereof in a court of competent jurisdiction, shall be subject to a fine of not less than ten nor more than one thousand dollars, and…
2Cited by10 opinions
- Bennett v. StateSupreme Court of Arkansas · 1972
- State v. International Harvester Co.Supreme Court of Arkansas · 1906
- Stuart v. StateSupreme Court of Arkansas · 1953
- Sharpensteen v. StateSupreme Court of Arkansas · 1953
- State v. Arkadelphia Lumber Co.Supreme Court of Arkansas · 1902
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