(DOWNLOAD) "Kolberg v. State" by Mississippi Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: Kolberg v. State
- Author : Mississippi Supreme Court
- Release Date : January 29, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 114 KB
Description
Cities and Towns — Office and Officers — Conviction of Police Officer of Felony — Vacancy in Office — What Constitutes Felony — Function of Police Commission on Conviction of Officer — Mandamus to Compel Reinstatement — Proper Dismissal of Application. Cities and Towns — Policeman an Incumbent of an "Office." 1. A member of a city police force is the incumbent of an "office," within the meaning of section 511, Revised Codes of 1921, providing that an office becomes vacant upon the conviction of the incumbent of a felony, etc. Page 449 Same — Policemen — Term of Office. 2. The term of office of a policeman "during good behavior" is for a fixed term. Same — Statute Declaring When Office Becomes Vacant Applies to What and Whom. 3. Section 511, Revised Codes of 1921, declaring when an office becomes vacant, applies not only to persons, things and conditions in being at the time of its passage, but also to such as come into existence thereafter and which fall within its terms. Criminal Law — Test to be Applied to Determine Whether Crime a Felony or Misdemeanor Under Federal and State Law. 4. As contradistinguished from the rule prevailing in Montana which classifies crimes after judgment as felonies or misdemeanors by the punishment actually imposed, the test to be applied in determining whether a crime is a felony under the federal law is the punishment which may be inflicted, and not what was actually imposed. Same. 5. The character of an offense, i.e., whether a felony or a misdemeanor, must be determined by the laws of the jurisdiction where the crime was committed. Office and Officers — Statutory Provision as to Vacancy in Office — Conviction of Felony Applies to Conviction Under Federal or State Law. 6. Held, that section 511, Revised Codes of 1921, declaring that an office becomes vacant upon conviction of the incumbent of a felony, applies not only to one convicted under the state laws but as well to one convicted under federal laws. Cities and Towns — Vacancy in Office of Policeman for Conviction of Felony — Reinstatement — Immaterial Considerations. 7. In determining whether, under section 511, Revised Codes of 1921, the office of a city policeman automatically became vacant upon his conviction of the crime of conspiracy (a felony) under the federal law, the supreme court may not take into consideration circumstances mitigating the offense, nor the fact that if the defendant had appealed, the judgment might have been set aside. Same — Function of City Police Commission on Conviction of Police Officer of Felony. 8. Since under section 511, Revised Codes of 1921, the office of a policeman automatically becomes vacant upon his conviction of a felony, the police commission, on charges filed by the mayor, could, under Chapter 119, Laws of 1923, do no more than declare that he had been found guilty as charged and that his office was vacant, and therefore was without right to hold that the crime did not involve moral turpitude or order his reinstatement; and the mayors action in permanently discharging the officer was unnecessary.