Opinion
Gen. No. 9,513. (Abstract of Decision.)
Opinion filed May 15, 1940 Rehearing denied June 18, 1940
OFFICERS AND PUBLIC EMPLOYEES, § 156 — malfeasance, indictment. Where highway commissioner pleaded guilty to indictment charging him with malfeasance in office, lower court erred in not sustaining defendant's motion in arrest of judgment, as indictment charged that defendant purchased automobile tires and tubes for his personal use and charged them to the township, but failed to charge that these acts were done with a wicked, corrupt and unlawful intent and purpose, such allegations being necessary to charge malfeasance in office.
See Callaghan's Illinois Digest, same topic and section number.
Error to Circuit Court of Knox county; Hon. RILEY E. STEVENS, presiding.
Reversed and remanded. Heard in this court at February term, 1940.
C.C. Craig and I.N. Herreid, for plaintiff in error;
R. Craig Miller, of counsel;
Eugene D. Hardy, State's Attorney, and Gale Mathers, Assistant State's Attorney, for defendant in error.
"Not to be published in full." Opinion filed May 15, 1940; rehearing denied June 18, 1940.