State v. Gilmore
Supreme Court of Kansas
JEhror from Wilson District Court. Ch. 122, Laws of 1875, page 183, contains the following provision: “Sec. 1. Any state, district, city, county, or township officer of this state, for whose removal from office by impeachment there is no provision, [who] shall in any public place within the state be in a state of intoxication produced by strong drink voluntarily taken, such officer shall be deemed to have committed an offense against public morals, and on conviction thereof…
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JEhror from Wilson District Court. Ch. 122, Laws of 1875, page 183, contains the following provision: “Sec. 1. Any state, district, city, county, or township officer of this state, for whose removal from office by impeachment there is no provision, [who] shall in any public place within the state be in a state of intoxication produced by strong drink voluntarily taken, such officer shall be deemed to have committed an offense against public morals, and on conviction thereof shall be adjudged to have forfeited his office, and his said office shall thereupon be declared vacant by the court…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Defendant is a member of the present House of Representatives of this state, having been elected in the fall of 1876. This action was brought under chapter 122 of the laws of 1875, to remove him from office; and the single question presented is, whether the action will lie against him under that statute. It provides for the removal from office of “any state, district, city, county, or township officer of this state, for whose removal from office by impeachment there is no provision.” The constitution, art. 2, section 28, reads: “The…
2Cited by25 opinions
- Harris v. ShanahanSupreme Court of Kansas · 1963
- Lund Ex Rel. Wilbur v. PrattSupreme Judicial Court of Maine · 1973
- State ex rel. Biggs v. CorleySupreme Court of Delaware · 1934
- In re Speakership of the House of RepresentativesSupreme Court of Colorado · 1890
- In Re JonesSupreme Court of Pennsylvania · 1984
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