Alexander v. State

• Decision Date: 08 June 1857
• Citation: 9 Ind. 320
• Parties: Alexander v. The State
• Court: Indiana Supreme Court

9 Ind. 320

Alexander v. The State

Supreme Court of Indiana

June 8, 1857

From the Johnson Court of Common Pleas.

The judgment is affirmed with costs.

G. M Overstreet and A. B. Hunter, for appellant.

J. H Williams, for state.

OPINION

Gookins J.

The appellant was prosecuted for a violation of section 21, 2 R. S. p. 500, which requires every justice of the peace, on the first Mondays in January and July in each year, and on going out of office, to pay over to the county treasurer all money he may have received on account of fines, for the use of common schools. The 63d section, 2 R. S. p. 442, provides that if any officer of this state shall fail to perform any duty within the time, and in the manner, prescribed by law, he shall be fined, to which imprisonment may be added.

The information charged that on the first Monday in January, 1854, the defendant was a justice of the peace of Johnson county; that he continued to be such justice until, and including, the first Monday in July in that year; that during that time he had received sums for fines, from divers persons, amounting, etc., which moneys were set apart for common school purposes, and which he failed, on said first Monday in July, and still failed to pay over to the county treasurer. The information was supported by affidavits, that a fine had, within the time prescribed. been assessed by the defendant against, and collected from, one Jones; that during that time he had been a justice of the peace for said county, and that he did not, on the first Monday in July aforesaid, nor had he yet paid any money to the treasurer, received during that time for such purpose.

A motion to quash the information was overruled, and he excepted. On a trial by the Court he was found guilty, and fined; a motion in arrest of judgment was overruled; and judgment given on the finding.

The objection taken to the information is, that it does not state from whom the moneys were received by the defendant. In State v. McCormack, 2 Ind. 305, this was held to be unnecessary. We adhere to that opinion.

It is further objected that the affidavits do not support the information, because they do not show that the fine was assessed and collected for a breach of the penal laws of the state, or that it belonged to the common school fund. This objection is based upon an erroneous view of the statute. The 21st section above quoted requires the justice to pay over to the treasurer all moneys he may have received on account of fines, and it devotes them, when so paid, to the use of common schools. The second section of the school act (1 R. S. p. 439), appropriates all fines assessed for breaches of the penal laws of the...