Opinion
Term No. 4708. (Abstract of Decision.)
Opinion filed January 26, 1948 Released for publication February 26, 1948
CRIMINAL PROCEDURE, § 41 — joint indictment for malfeasance as error under commission form of government. A joint indictment of a mayor and four commissioners of a city, operating under the commission form of government, for failure to suppress gambling houses and slot machines was properly quashed, since, under the law as to commission form of government, the government is divided into five departments, with the head of each department liable only for his department, and the mayor and commissioners were not liable to a joint indictment for failure to suppress gaming houses and slot machines (Ill. Rev. Stat. 1947, ch. 24, par. 9-92; Jones Ill. Stats. Ann. 21.1339).
See Callaghan's Illinois Digest, same topic and section number.
Error to the Circuit Court of St. Clair county; the Hon. EDWARD F. BAREIS, Judge, presiding.
Affirmed. Heard in this court at the October term, 1947.
Louis P. Zerweek, for appellants;
R.V. Gustin and Fred Bier, of counsel; Stanford S. Meyer and Francis E. McGuire,
Meyer Meyer, for defendants in error;
Not to be published in full. Opinion filed January 26, 1948; released for publication February 26, 1948.