Cope

Petitioner sought a writ of mandate in the superior court to compel respondents to reinstate him as police officer and pay his salary since date of removal. The trial court found against petitioner and from such adverse judgment he appeals.

March 21, 1931, petitioner was charged with one count of rape and three counts of violation of Penal Code, section 288. March 26, 1931, he was served with notice of suspension. The charge of rape was dismissed and petitioner was acquitted on the other counts. After conclusion of the criminal case, on August 26, 1931, he was served with notice of dismissal, from which he appealed and requested appointment of a board of inquiry under section 202 of the charter of defendant city. August 29, 1931, petitioner was served with complaint made against him by the acting chief of police setting out the said criminal charges and alleging conduct unbecoming an officer, showing his morals were questionable and alleging that he was not a fit and proper person to be a police officer. September 3, 1931, a hearing was conducted by said board of inquiry at the conclusion of which said board found petitioner guilty of the charges, certified its findings to chief…