Kilburn v. Law

Citations

• 111 Cal. 237
• 43 P. 615
• 1896 Cal. LEXIS 570

Syllabus

<p>Bank Commissioners—Misdemeanor in Office—Construction of Penal Code—Criminal Prosecution—Jurisdiction of Superior Court-Prohibition.—Section 772 of the Penal Code, providing for the prosecution and removal of officers for misdemeanor in office, contemplates a criminal and not a civil prosecution; and by sections 888 and 889, prosecutions under section 772 are limited to district, county, and township officers, and the superior court has no jurisdiction under that section to prosecute the state bank commissioners for willful neglect of the duties of their office, and such prosecution will be restrained by writ of prohibition.</p>