An accusation in writing against any officer belonging to the class of officers mentioned in Section 10-4-1 NMSA 1978, charging any of the matters mentioned in this chapter as sufficient ground for removal, may be presented by the grand jury to the district court of the county in or for which the officer accused is elected.
HISTORY:
Laws 1909, ch. 36, § 4; Code 1914, § 3957; C.S. 1929, § 96-108; 1941 Comp., § 10-305; 1953 5-3-5.
Notes to Decisions
Requirements.
Formal presentment by a grand jury or a formal charge upon information of a district attorney was not required under former 1915 Code, § 3957 (now this section) to initiate an action to remove a public officer or confer jurisdiction on the district courts to entertain such a removal proceeding, and a county sheriff’s application for a writ of prohibition to prevent removal proceedings against him was denied. A complaint filed by the State as party plaintiff, signed by an assistant district attorney, and supported by the affidavits of persons named in the title of the case who allegedly had knowledge that the county sheriff had engaged in acts of official misconduct was sufficient under former 1915 Code, § 3958 (now 10-4-4 NMSA 1978) because the complaint stated the offense charged in ordinary language such that a person of common understanding knew what was intended. State ex rel. Mansker v. Leib, 1915-NMSC-071, 20 N.M. 619, 151 P. 766, 1915 N.M. LEXIS 67 (N.M. 1915).