State Ex Rel. Hightower v. Smith

SPEARS, Justice.

This is a removal suit against the sheriff of Smith County. J.B. Smith was elected to a second term as sheriff of Smith County in 1980. Shortly after his new term began in 1981 Smith was indicted on charges of official misconduct. In this removal suit which followed, the jury found that Smith had misappropriated county vehicles and fuel to patrol an apartment complex in order to obtain a rent-free apartment. Based on the jury finding that this was official misconduct, the trial court rendered judgment removing Smith from office. The court of appeals reversed, finding that the…