Territory of New Mexico v. Sanches

Citations

• 14 N.M. 493

Syllabus

<p>SYLLABUS (BY THE COURT) .</p> <p>1. Under the provisions of Sec. 844 of the Compiled Law* of 189V, a justice of the peace, constable or sheriff is removable from office for “official misdemeanors” committed by ■him while holding the same office in a preceding term, at least if there has been no intervening term held by another.</p> <p>2. The fact that an act by such an officer is punishable as a crime does not affect his liability to removal from office far the .same act.</p> <p>3. Whether by the terms of Sec. 854, of that statute, one accused and on trial under it is entitled to trial by jury, quaere, but, if it is accorded to him by the court, it should be conducted as in other similar judicial proceedings.</p> <p>4. A proceeding under the statute in question is so far a civil cause in its nature, that the Trial Court has the right to direct a verdict against the defendant, if the evidence would warrant such a direction in a civil- cause, ana If the facts thus found, or any of them, constitute as a matter of law any one of the grounds for removal enumerated in the statute, to enter a judgment of removal.</p>