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eBook details

• Title: State Ex Rel. Beazley v. District Court
• Author : Supreme Court of Montana
• Release Date : January 19, 1925
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Submitted December 8, 1925. Officers — Sheriff — Removal — Malfeasance Triable by Jury — Nonfeasance by Court — Bribery — Insufficiency of Accusation — What may Constitute Malfeasance and Nonfeasance in Office. Officers — Removal — When Accused Entitled to Jury Trial — When not. 1. Where willful or corrupt malfeasance in office is charged, ouster proceedings must be had under the provisions of section 11688, Revised Codes of 1921, and the accused officer is entitled to a jury trial; where the charge is nonfeasance only, the proceeding is, under section 11702, triable summarily by the court without the intervention of a jury. Sheriffs — Removal — Bribery — Insufficiency of Charge. 2. To charge an officer (a sheriff) with bribery under section 10824, Revised Codes of 1921, the accusation must allege that defendant had asked, received or agreed to receive the bribe upon an understanding that his official action should be influenced thereby; hence a charge that the briber gave the officer money with intent to influence the latter's official action, while sufficient to charge bribery against the giver, was insufficient to charge the offense against the accused, and therefore insufficient to charge him with willful or corrupt malfeasance in office. Same — Failure to Arrest for Crime Committed in Presence of Officer — Nonfeasance Sufficient to Warrant Removal. 3. Failure of a sheriff to arrest one who commits a crime in his presence constitutes such nonfeasance in office as will warrant his removal from office. Same — Active Participation in Crime — Malfeasance — Accusation also Charging Nonfeasance — Effect on Right to Trial by Jury. 4. Active participation by a sheriff in the commission of a crime is malfeasance in office, an accusation charging which is triable by a jury, and the fact that the pleader in the same count also charges nonfeasance, to-wit, failure of the officer to arrest his partner in crime, does not have the effect of bringing the accusation within the purview of section 11702, Revised Codes of 1921, so as to make it triable by the court.

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