Show HUSTON IS EXONERATED I Drawing G heck Check ck on nn Wrong Fund In Is I. I Not Punishable Offense I Special to Boise olse Ida Ida April Apri 25 It 2 I It is not the Intention of or the te state to punish a public pub pub- lie lic lc orl officer r for tor what hat might be poor judgment In the paying out of ot public mone money when no criminal Intent Is shown Tho The majority of ot tho the court so o hold heM when It St handed down R a written opinion In tho the habeas corpus case casl of State Stale Auditor Huston The Te case had already been decided In the state auditor auditors s R favor ta but filing of or tho tIme written opinion was delayed The majority majority ma ma- opinion was waR written b by Justice and anel concurred in by Chief Justice Justice Jus Jus- tice Sullivan Sull Ju Justice Morgan Iol n wrote a n dl dissenting opinion Huston was Indicted Jointly with wih former State Pure Food Inspector YaWs b by the Ada county grand jur Jury It I was ws charged that he lie had committed the crime of oC embezzlement because he hail had hac paid Robert Rolert a son of ot Mr Ir allis a 1 5 90 20 0 salary out of ot tho the eli tra traveling expense fund of or the tho state dairy dalr food and sanitary department when it I should have been paid out Olt of ot the ap appropriation appropriation ap- ap p- p for COI the bacteriological de do- do The case came before the supreme court in the form of or an application tle filed b by Huston for or a writ of or habeas corpus He lie attacked the indictment claiming shown that no criminality had been |