Ward

The defendant was indicted for and convicted of misconduct in his office of justice of the peace, and judgment was rendered removing him from office for causes stated in the judgment. He appeals from the judgment, and from an order denying a new trial. The defendant had been justice of the peace at Vacaville township, Solano County, for many years, and the evidence shows him to have been a man of exceptionally good character for truth, honesty, and integrity. This case arises out of the prosecution of one Dayton G. True, for the alleged petty offense of stealing three dollars from one F. C. Chapman, and from certain supposed conflict of jurisdiction, and somewhat unpleasant feeling *587 between the justices of the peace of said township, and a justice of the township of Suisun, in said county; and leaving out of view, for the present, questions about the sufficiency of the indictment, we think that the jury were misled, to the prejudice of the defendant, by the instructions of the court on the power of the district attorney in criminal prosecutions. True was first arrested on a warrant issued by R. Long, also a justice of the peace at Vacaville, -where the alleged offense appears…