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STATE v. CAREY

No. 29,874.

241 Ind. 692 (1961)

175 N.E.2d 354

STATE OF INDIANA v. CAREY.

Supreme Court of Indiana.

Filed June 7, 1961.

Attorney(s) appearing for the Case

Edwin K. Steers, Attorney General, Richard M. Givan, Assistant Attorney General, and Richard C. Johnson, Deputy Attorney General, and Gene Williams Prosecuting Attorney, of Muncie, for appellant.

Thomas A. Cannon, Frederick F. McClellan, and Halligan & Cannon, all of Muncie, for appellee.

ACHOR, J.

This is an appeal by the State of Indiana from an order of the Delaware Circuit Court quashing an indictment charging James Carey, Chief of Police of the City of Muncie, appellee herein, for malfeasance, failure and neglect of duty.

The prosecution herein was instituted pursuant to Acts 1905, ch. 129, § 240, p. 219, being § 48-1304, Burns' 1950 Repl., which reads as follows:

"In case the...

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