Thurston

This is a proceeding under section 772 of the Penal Code to remove the appellant, P. H. Clark, from the office of sheriff of the county of Glenn, and to recover a judgment for five hundred dollars against him in favor of Joseph D. Thurston, as an informer under said section.

The cause was tried by the court, written findings filed upon which judgment was entered, depriving the defendant of .his office as sheriff of Glenn county, and that Joseph D. Thurston have and recover from said P. H. Clark the sum of five hundred dollars and costs.

Defendant appeals from the judgment and from an order denying his motion for a new trial.

The judgment and order appealed from must be reversed for many reasons, some of which are as follows:

In other words he was his own successor, and under the act organizing the county of Glenn, approved March *287 11, 1891, may be presumed to have taken office under his second term on the first Monday of January, 1893.

There are in the complaint about a dozen separate and distinct specifications of acts, averred as violations of law, of which some one-half, as nearly as can be determined, were for alleged misconduct during defendant's first term of…