Woods

This is a proceeding against appellant, under section 772 of the Penal Code, to remove him from the office of tax collector of San Diego Count}’, for failing to perform his official duties. It is based upon a written accusation presented to the superior court by the respondent, Woods, who is a citizen and tax-payer of the county, and chairman of the board of supervisors. Appellant demurred to the accusation, and his demurrer having been overruled, he answered, denying the allegations of the accusation. The case was tried by the court without a jury, and judgment was rendered, removing appellant from the said office, and for costs; and from this judgment defendant appeals. The record on appeal contains simply the judgment roll and three short bills of exceptions, showing that the demurrer to the accusation was overruled; that a motion to strike out and set aside the accusation was denied; that a demand for a jury trial was also denied; and that appellant excepted to these rulings.

1. The motion to set aside the accusation is based mainly on the ground that the proceeding should have been in the form of a criminal action, and brought in the name of the pe'ople. There does not…