187 Ind. 334 | Ind. | 1918
— Appellants, who were patrolmen on the police force of the city of Indianapolis, were tried and convicted on an indictment in fifteen counts wherein they were charged with a failure to perform an official duty. It is conceded by all parties to the appeal that the statute under which the indictment was drawn and upon which the conviction rests is §2389. Burns 1914, Acts 1905 p. 698, which reads as follows: “Any officer finder the constitution or laws of this state, who, under the coldr of his office, asks, demands or receives any fee or reward other than is allowed by law, to execute or do his official duty, or taxes, charges, asks, demands or receives any more or greater fees than are allowed by law for such official duty; or any officer who requires, any deputy appointed by him to divide or pay back to such officer a part of the legal fees of such deputy; or who fails to perform any duty in the manner and within the time prescribed by law, shall, on conviction, be fined not less than ten dollars nor more than five hundred dollars, and imprisoned in the county jail not exceeding six months.”
Appellants assert that this section, in so far as it could be held to apply, to officers of cities and towns, is repealed by §240 of an act concerning municipal corporations, which was approved March 6, 1905. Acts 1905 p. 386, §8894 Burns 1914. This section, which provides for the punishment of mayors and other -officers of cities and towns for official misconduct, reads as follows: “In case the mayor or other officer
Section 272 of the same act (§9016 Burns 1914) provides that all former laws within the purview of the act are thereby repealed, except laws not inconsistent therewith and enacted at the same session of the general assembly.
Judgment reversed, with instructions to sustain appellants’ motion for a new trial.
Note. — Reported in 118 N. E. 565. Municipal officers, who are, Ann. Cas. 1914D 1229. See under (1) 28 Cyc 497; (2) 36 Cyc 1084; (4) 16 C. J. 1178.