Criminal Law—Public Officers—Corrupt Misconduct in Office— Accusation for Removal—Appeal by Defendant.—An accusation presented by a grand jury, under section 758 of the Penal Code, charging a public officer with corrupt misconduct in office, is not an indictment, and the only appeal allowed in such a case is that secured to the defendant by section 770 of the Penal Code.

Id.—Several Specifications of Misconduct may be Joined.—In such an accusation it is permissible to join more than one specification of misconduct.

Id..—Extorting Loans of Monet by City Councilmen—Official Misconduct.—A city councilman, who solicits loans of money from parties seeking franchises or privileges from the council, or from claimants against the city for money due or alleged to be due upon contracts, while their petitions and claims were pending or accruing, and to whom such parties unwillingly loaned money on Ms unsecured notes in order to prevent unfavorable official action by him, is guilty of official misconduct.

Id.—Demand of Money as Condition of Performing Public Duty.— It is extortion for a public official to demand money as a condition of doing what is his duty, as trustee of a public trust, to do, and more especially if it is demanded as a condition of allowing a just claim against a public corporation.

Id.—Pleading to Accusation—Sufficiency of Verdict of Guilty— Judgment of Eemoval.—Where the accusation of corrupt misconduct in office consisted of thirteen specifications, and the plea was simply “not guilty,” without any specification, an unqualified verdict of guilty responds to the plea, and imports a finding of official misconduct and is sufficient to support the judgment of removal.

Id.—Nature of Proceeding by Accusation—Legislature had Power to Enact.—Such an accusation is a summary proceeding, regulated by section 758 et seq. of the Penal Code, and is exempt from merely technical rules of procedure. The legislature had plenary power to enact such sections, under the authority of section 18 of article IV of the constitution, providing for the trial of public officers for misdemeanor in office otherwise than by impeachment.

Id.—Jurisdiction—Title of Proceeding.—Although the proceeding by accusation is a criminal action in every essential respect, the fact that the accusation was not formally entitled as the People of the state versus the defendant, did not affect the jurisdiction of the court over it.

Id.—Elective Municipal Officer Subject to Proceeding.—The proceeding by accusation, authorized by section 758 et seq. of the Penal Code, is applicable to the removal of an elective officer of a municipality.