PEOPLE v. HARSHBARGER

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.

Opinion by JUSTICE DOVE.

"Not to be published in full." Opinion filed May 15, 1940; rehearing denied June 18, 1940.