Opinion
Decided December, 1886.
An indictment against the clerk of a school-district for not recording the warrant for an annual meeting of the district and not discharging other duties of his office with respect to such meeting, must show that a warrant for the meeting was issued and given to him as required by the statute.
INDICTMENT, under Gen. Laws, c. 262, s. 13, charging the defendant with wilfully neglecting the duty of his office as clerk of school-district number one in Errol, in not recording the warrant for the annual meeting of the district, March 29, 1883, in not attending that meeting and keeping a true and attested record of its doings, c. The defendant demurred.
J. H. Dudley, Solicitor, for the state.
Drew Jordan, for the defendant.
The indictment does not allege that a warrant was issued but the prudential committee for the annual meeting, or given to the clerk to be recorded (G. L., c. 87, s. 5), nor does it in any way allege that the meeting was legally called or duly held. State v. Marshall, 45 N.H. 281. The clerk had no official duty to perform in connection with the meeting, unless is was a lawful one. Bish. St. Cr., ss. 832, 833.
Demurrer sustained.
ALLEN, J., did not sit: the others concurred.