Territory of Montana v. McElroy
Montana Supreme Court
Territory of Montana v. McElroy, 1 Mont. 86 (Mont. 1868)
Knowles, Warren
Territory of Montana v. McElroy
Opinion of the Court
This was an indictment under the statute against the respondent, as a justice of the peace, for willfully receiving fees not allowed by law. The indictment was defective in not alleging in the language of the statute that the defendant was su.ch officer. This allegation might have been supported by proof that he acted as such.
The order of the court below is affirmed.
Exceptions overruled.
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