But a mere error in judgment from sound policy is not sufficient to subject a tribunal to prosecution for palpable omission of duty.35

One on a charge of wilfully intruding into a public office may show that he acted in good faith and that he took advice from counsel.36

10 State vs. Boggs, 16 Wash., 143.

31 State vs. Johnson, 30 Fla., 499.

32 Wickersham vs. People, 1 Scam.

(Ill.), 128. 33 Levar vs. State, 103 Ga., 42. 34 State vs. Colton, 9 Houst. (Del.), 530; Johnson vs. People, 123

Ill., 624, officer failing to turn over funds at end of term. 35 Eyman vs. People, 1 Gilm.

(Ill.), 7. 36 People vs. Bates, 29 N. Y. Supp., 894.