In re Curtis

While the respondent held the office of supervisor of the fourth district of the county of Sac'ramento, an accusation was filed against him in the superior court for that county by D. J. McGowan, under the provisions of section 772 of the Penal Code, charging him with collecting illegal fees and neglecting to perform his official duties. To this accusation the respondent filed a demurrer upon various grounds, which Was sustained by the court, and the accuser declining to amend his accusation, the court entered a judgment dismissing the proceeding. From this judgment McGowan has appealed.. The respondent has moved to dismiss the appeal upon the ground that an appeal from the action of the court under this section of the Penal Code is unauthorized.

The charge against the respondent is of a public offense—a neglect of official duty, or misdemeanor in office—and the proceeding against him is a criminal proceeding in the nature of an impeachment. (In re Marks, 45 Cal. 199 .) At the common law an officer guilty of neglect of official duty was liable to indictment and punishment by removal from office. (Throop on Public Officers, c. 32; Bacon’s Abridgment, tit. Offices and Officers,…