Crossman v. Lesher

Citations

• 97 Cal. 382
• 32 P. 449
• 1893 Cal. LEXIS 551

Syllabus

<p>Misconduct in Office — Proceeding for Removal — Construction of Penal Code — Accusation by Private Person — Grand Jury. — Section 889 o£ the Penal Code, providing that “ when the proceedings are had for the removal of district, county, municipal, or township officers, they may be commenced by an accusation or information, in writing, as provided in sections 758 and 772,” does not authorize a private individual to commence a proceeding to remove any such offic.er from his office because of willful misconduct in office, other than that mentioned in section 772 of the Penal Code, but such proceeding must be commenced by accusation presented by a grand jury, as provided in section 758 of the same code.</p>