Strei

Government Code section 19680 provides in part:

Appellant was demoted from his position as Chief of State Police to state patrolman as the result of punitive action by the State Department of Finance for violation of the foregoing code section; also for failure to act with impartiality in violation of Government Code, section 19250, also for “inexcusable neglect of duty,” (Gov. Code, § 19572, subd. (d)), also for “dishonesty” (Gov. Code, § 19572, subd. (g)), (after proceedings before, and on recommendations of, a hearing officer, and denial of a petition for reconsideration). He thereafter sought a peremptory writ of mandate from the superior court, which was denied.

His appeal from that judgment rests principally upon the question of whether sufficient evidence supports the finding of violation of the section above quoted.

Answer to this question hinges upon whether the acts of appellant in sending (or placing in the usual channel of distribution for mailing) to certain candidates for a civil service examination for the position of captain of state police, materials potentially to be used in such examination constituted such a wilful violation.

In the early part of 1960 the…