Montana Supreme Court, 1868

Territory of Montana v. McElroy

Territory of Montana v. McElroy
Montana Supreme Court · Decided December 15, 1868 · Knowles, Warren
1 Mont. 86

Territory of Montana v. McElroy

Opinion of the Court

Warren, C. J.

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.

Knowles, J., concurred.

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