State v. Hollomon

Stolz, Judge.

The defendants, members of the Jones County Board of Commissioners, were convicted of malpractice in office. Code § 89-9907. The trial judge sentenced them to misdemeanor punishment and provided that they be "hereby removed from office” as county commissioners. The defendants filed a motion for new trial and supersedeas was granted. The state then filed a "motion for execution of sentence,” alleging that the provision of § 89-9907 for removal from office is not a portion of the punishment prescribed for a misdemeanor offense, hence was not stayed by the supersedeas, and praying…