State Ex Rel. Hyatt v. Hamme
Supreme Court of North Carolina
Appeal by defendant from Kerr, J., at May Term, 1920, of Lenoir. Tbis is a proceeding to oust tbe defendant as prosecuting attorney of tbe recorder’s court of Kinston, under tbe provisions of sec. 3208, C. S., for willful misconduct in office. • Tbe evidence is voluminous, but it is not necessary to recite it, as tbe facts found by tbe judge are set out in bis judgment, wbicb is as follows, and there is evidence and admissions of tbe defendant to sustain bis findings:…
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Appeal by defendant from Kerr, J., at May Term, 1920, of Lenoir. Tbis is a proceeding to oust tbe defendant as prosecuting attorney of tbe recorder’s court of Kinston, under tbe provisions of sec. 3208, C. S., for willful misconduct in office. • Tbe evidence is voluminous, but it is not necessary to recite it, as tbe facts found by tbe judge are set out in bis judgment, wbicb is as follows, and there is evidence and admissions of tbe defendant to sustain bis findings: .Judgment. Superior Court — Mat Term, 1920. Tbis proceeding coming on to be beard before tbe undersigned judge of tbe Superior…
1Opinion of the Court
Clare:, 0. J.
The statute under which this proceeding is based is to be found in sections 3208-3212, inclusive, of 0. S. It was originally chapter 671, Public-Local Laws 1913, and applied only to Guilford County. By chapter 288, Laws 1919, it was made applicable to the whole State. Section 3208, C. S., provides: “Any city prosecuting attorney, any sheriff, police officer, or constable shall be removed from office by the judge of the Superior Court upon charges made in writing, and hearing thereunder for the following causes:
1. For willful or habitual neglect or refusal to perform duties of his…
2Cases cited2 opinions
- Mial v. Ellington.Supreme Court of North Carolina · 1903
- Minkler v. State ex rel. SmithersNebraska Supreme Court · 1883
3Cited by5 opinions
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- State v. HockadaySupreme Court of North Carolina · 1965
- State v. HockadaySupreme Court of North Carolina · 1965
- State ex rel. Leonard v. HuskeyCourt of Appeals of North Carolina · 1983
- In re ChastainSupreme Court of North Carolina · 2024