State v. Awalt

Citations

• 21 N.M. 510
• 156 P. 407

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. By section 3971 of the Code of 1915 the district attorney is authorized to present an accusation, under the statutory provisions fo'r the removal of public officers, to the district court in vacation or term time, when, under the provisions of law, there will be no grand jury in the county where the same is presented for a period of at least 20 days after such presentment.</p> <p>P. 513</p> <p>2. By section 3972 of the Code of 1915, it is made the duty of the district attorney to present the accusation whenever sworn evidence is presented to him.</p> <p>P. 514</p> <p>3. By section 3973 of the Code of 1915, when the accusation is presented by the district attorney, it must he supported by sworn affidavit' or affidavits.</p> <p>P. 514</p> <p>4. Where the verification of an accusation for the removal of a public officer is held insufficient by the trial court within 20 days of the time for the grand jury to meet or while- it was in session, the matter should he presented to the grand jury, and it is error to permit amended verifications.</p> <p>P. 514</p>