People v. . Meakim

Citations

• 30 N.E. 828
• 133 N.Y. 214
• 8 N.Y. Crim. 404
• 44 N.Y. St. Rep. 748
• 88 Sickels 214
• 1892 N.Y. LEXIS 1302

Syllabus

<p>Upon a motion in arrest of judgment in a criminal action the only objections which a defendant can take are to the jurisdiction of the court over the subject of the indictment, and that the facts stated do not constitute a crime (Code Orim. Proc. §§ 331, 467).</p> <p>What is necessarily implied from a statute is as much part thereof as if it were specially written therein.</p> <p>Where public officers are clothed with jurisdiction to hear complaints and take evidence with a view to some action in which individuals or the public are interested, they are, from the nature of the case, bound to make a determination upon such complaints, and if they do not make it within a reasonable time, if there be no time provided for by statute, they violate the duty imposed upon them by law.</p> <p>The removal of commissioners of excise of New York city from office, under section 109 of the. Consolidation Act (L. 1882, ch„ 410), does not constitute a punishment within the meaning of section 117 of the Penal Code, which provides that that section declaring the willful neglect of the performance of his duty by a public officer is a misdemeanor, shall not apply to cases of official acts or omissions, where the punishment is otherwise specially provided for by law.</p> <p>Unless it is in consequence of a conviction, the removal of a public officer is not a punishment for crime.</p> <p>A determination made in a civil proceeding to remove a public officer for neglect or malfeasance in office is not in any proper sense a conviction of such officer of a crime.</p> <p>The imposition of a fine which a court has, under section 2090 of the Code of Civil Procedure, power to impose besides damages and costs, upon awarding a peremptory writ of mandamus where a public officer has without just excuse failed or refused to perform a duty imposed by statute, payment of which fine will bar an action for a penalty, is not a punishment within the provisions of section 117 of the Penal Code.</p> <p>The