Kirkland v. State

Citations

• 86 Fla. 130
• 97 So. 510

Syllabus

<p>1. An indictment of a county officer for malpractice in office not otherwise especially provided for under the provisions of Section 5354 Revised Statutes need not allege criminal intent nor that the act constituting the malpractice was done wilfully, corruptly or in bad faith.</p> <p>2. Section 5354 Revised General Statutes denounces two offenses, one wilful extortion in the charge of fees or commissions by an officer of the State and the other any malpractice in office not otherwise especially provided for. A criminal intention is not a necessary element in the latter statutory offense.</p> <p>3. A motion to quash an indictment containing two or more counts will be overruled if any one of the counts is good.</p>