Ferguson

While petitioner held the office of constable of the sixteenth township of the county of Kern, an accusation was filed against him in. the superior court of that county by J. C. Barrett under the provisions of section 772 of the Penal Code, purporting to charge him with neglect in the performance of the official duties pertaining to his office, and praying for his removal as such officer and that he be adjudged to pay the relator the sum of five hundred dollars as in said section provided. The accusation at length is as follows:

Respondent, who is petitioner here, interposed a demurrer upon the ground, among others, that said accusation failed to state facts sufficient to constitute a ground for removal from office under section 772 of the Penal Code. This demurrer was overruled; whereupon the respondent filed an answer and the court proceeded with the trial of the case. After the evidence had been introduced and before the making of findings and the rendition of any decree or judgment therein, the respondent applied to this court for a writ of prohibition to be directed to the superior court of Kern County and the Honorable Howard A. Peairs, judge of said court, prohibiting him…