Wallace v. State

We are of the opinion that the first and second question must be answered in the negative. The proceedings against respondent Wallace are based upon the provisions of *575section 4897 of the Code of 1910, under which it was sought to remove him as clerk of the superior court for incapacity and misbehavior in office. The proceeding under this section, as held in Cobb v. Smith, 102 Ga. 585 (27 S. E. 763), is a quasi-criminal proceeding. Consequently the statute must be given a strict construction in behalf of and favorable to the respondent, or defendant. And neither the person upon whose relation…