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This is a proceeding in prohibition originaEy begun in division two of the district court of appeal of the second district.. The decision of that court thereafter made was vacated and a rehearing in this court was granted.

Petitioner seeks to prevent the superior court from proceeding to trial and judgment upon an accusation presented against him, under section 772 of the Penal Code, by Jonathan S. Dodge, charging the petitioner with refusing and neglecting to perform certain duties of the office of sheriff of Los Angeles County, of which office petitioner was then, and still is, the incumbent. Section 772 is as follows:

[1] Prohibition lies only when and because the court or tribunal to which the writ is addressed is acting, or is about to act, in excess of its jurisdiction, and there is no plain, speedy, and adequate remedy in the ordinary course of law. (Code Civ. Proc., secs. 1102, 1103.)

The claim of the petitioner that the superior court has no jurisdiction is based on the following grounds:

We will take up these points in their order.

[2] 1. It is a sufficient answer to this objection to point out that the accusation does not purport to be made by Dodge in his official…