The material charge in the indictment is this: That the defendant unlawfully and wilfully, while acting in the capacity of a member of the county board of education, voted for and authorized the purchase of school trucks, etc., from the Debnam Motor Company, a partnership, in which the defendant owned a pecuniary and financial interest. It will be noted that there is no allegation or charge in the indictment that the defendant acted in the capacity of agent for the Debnam Motor Company. The special verdict expressly finds that the defendant has no pecuniary or financial interest in the motor company, but is an employee engaged at a monthly salary. It is perfectly evident that under these circumstances the defendant was properly held to be “not guilty” upon the bill of indictment. Judgment
Affirmed.