The opinion
If I understand this case, it was no offense, at the time of the conviction of the relator, for a member of the police to be absent with leave. The absence, which constituted the ground of complaint, was caused by the unlawful conduct of the commissioners themselves. In fact, they not only consented to, but compelled the absence of the relator.
His conviction was erroneous; and the order of the general term should be affirmed.
Judgment affirmed.
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