In re People Ex rel. Purley

The opinion of the Court was delivered by Heydeneeldt, Justice; Anderson, Justice, dissenting.

The appellant was tried for malfeasance 'in office as a justice of the peace upon two charges.

The first is said to be for illegal fees in a note at the foot of it; but in the body of the presentment it is not alleged, that the defendant took illegal fees, nor do the facts as detailed in the charge lead to the inference, that the deposit he required was for fees; nor is it said that he acted wilfully and corruptly, as the terms of the statute would require.

The second charge is, that he received money as a bribe not to forfeit a recognisance. There is no allegation, that there was any proceeding commenced upon the recognisance, or that, any was to be commenced; and the statute against bribery confines the offence to acting “ more favourable to one side than the other in any suit, matter or cause depending, or to be brought before him.” The statute must be construed strictly—neither charge was sufficient as set out, to warrant the action of the Court.

The judgment is reversed.

In this case the appellant was accused of wilful and corrupt misconduct in his official capacity as a…