Thurston v. Clark

Citations

• 107 Cal. 285
• 40 P. 435
• 1895 Cal. LEXIS 748

Syllabus

<p>Proceeding por Removal op Oppioer—Expiration op Term—Re-election.—A proceeding for the removal of an officer under section 772 of the Penal Code cannot be maintained after the accused had ceased to hold his office, nor for a violation of his duty while serving in another office, or in another term of the same office; and an accusation will not lie for the violation of duties imposed upon the incumbent of an office during a former term.</p> <p>Id.—Criminal Proceeding.—Construction op Code—Protection op Dependant prom: Crimination.—Removal from office under the summary proceeding provided for by section 772 is a punishment for wrongdoing on the part of the officer, and the proceeding is, in its nature, a criminal case within the meaning of section 13 of article I of the constitution, providing that no person shall be compelled, in a criminal case, to be a witness against himself.</p> <p>Id.—Enforcement of Penalty—Qni Tam Action—Protection of Witness.—A proceeding in the nature of a gui tarn, action to enforce a penalty, no matter in what form the statute may clothe it, is, in its nature, a criminal case, and the defendant cannot be compelled to be a witness against himself.</p>