Coffey

It appears from the- petition that petitioner is- chief of police of the city of Sacramento, and has been such officer since January 27, 1904, and that his term of office will expire January 27, 1906; that the grand jury in and for the county of Sacramento, claiming to act under sections 758 to 771, both inclusive, of the Penal Code, did, on August 27, 1904, “purport to present an accusation in writing against the said petitioner for alleged willful misconduct in office as such chief of police,” the alleged misconduct being willful neglect and refusal to prosecute persons, who, with his knowledge, were engaged in conducting illegal games; that on the-day of September, 1905, petitioner duly made and filed in the superior court of said county written objections to the legal sufficiency of the said accusation, .alleging as grounds therefor that it was not presented by all of the nineteen members composing said grand jury, but that only fourteen members thereof “participated in the hearing of the said matter before the said grand jury, and in the presentation and filing of said document purporting to be an accusation,” and therefore the said court “has no jurisdiction of the defendant…