to the senate, such officer is temporarily suspended from his office, and cannot act in his official capacity until he is acquitted. Upon such suspension of any officer other than the governor, his office must at once be temporarily filled by an appointment made by the governor, with the advice and consent of the senate, until the acquittal of the party impeached; or, in case of his removal, until the vacancy is filled at the next election, as required by law. En. February 14, 1872. Crim. Prac. Act, sec. 67. En. April 20, 1850. Rep. 1851, 390. En. 1851, 212. Am'd. 1857, 17. § 752. Presiding officer when lieutenant-governor is impeached. If the lieutenant-governor is impeached, notice of the impeachment must be immediately given to the senate by the assembly, that another president may be chosen. En. February 14, 1872. Crim. Prac. Act, sec. 68. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 753. Impeachment not a bar to indictment. If the offense for which the defendant is convicted on impeachment is also the subject of an indictment or information, the indictment or information is not barred thereby. En. February 14, 1872. Am'd. 1880, 3. Crim. Prac. Act, sec. 69. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. CHAPTER II. OF THE REMOVAL OF CIVIL OFFICERS OTHERWISE THAN BY IMPEACHMENT. § 758. Accusation to be presented by the grand jury. 759. § 760. Form of accusation. To be transmitted to the district attorney, and copy served. § 761. Proceedings if defendant does not appear. § 762. Defendant may object to or deny the accusation. § 763. Form of objection. § 765. If objections overruled, defendant must answer. § 766. Proceedings on plea of guilty, refusal to answer, etc. § 767. 768. Trial by jury. State and defendant entitled to process for witnesses. § 769. Judgment upon conviction, and its form. § 770. Appeal, how taken. Defendant to be suspended and vacancy filled. § 771. Proceedings for the removal of a district attorney. § 772. Removal of public officers summary proceedings. § 758. Accusation to be presented by the grand jury. An accusation in writing against any district, county, township, or municipal officer, for willful or corrupt misconduct in office, may be presented by the grand jury of the county for or in which the officer accused is elected or appointed. En. February 14, 1872. Cal. Rep. Cit. 75, 151; 85, 591; 97, 383; 107, 289; 114, 553; 119, 232; 145, 36; 145, 37; 145, 38; 147, 529; 147, 530; 147, 532; 147, 534. Crim. Prac. Act, sec. 70. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Removal of civil officers otherwise than by impeachment.-Under this section, which is taken from article IV, section 18, of the state constitution, all officers, other than those named in section 737 as liable to impeachment, are liable to be tried for misconduct in office, and if found guilty, removed therefrom. The constitutional provision just referred to reads: "All other civil officers shall be tried for misdemeanor in office in such manner as the legislature may provide." § 759. Form of accusation. The accusation must state the offense charged, in ordinary and concise language, and without repetition. En. February 14, 1872. Crim. Prac. Act, sec. 71. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 760. To be transmitted to the district attorney, and copy served. The accusation must be delivered by the foreman of the grand jury to the district attorney of the county, except when he is the officer accused, who must cause a copy thereof to be served upon the defendant, and require, by notice in writing of not less than ten days, that he appear before the superior court of the county, at a time mentioned in the notice, and answer the accusation. The original accusation must then be filed with the clerk of the court. En. February 14, 1872. Am'd. 1880, 32. Crim. Prac. Act, sec. 72. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 761. Proceedings if defendant does not appear. The defendant must appear at the time appointed in the notice and answer the accusation, unless for some sufficient cause the court assign another day for that purpose. If he does not appear, the court may proceed to hear and determine the accusation in his absence. En. February 14, 1872. Crim. Prac. Act, sec. 73. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 762. Defendant may object to or deny the accusation. The defendant may answer the accusation either by objecting to the sufficiency thereof, or of any article therein, or by denying the truth of the same. En. February 14, 1872. Cal. Rep. Cit. 145, 36; 145, 38. Crim. Prac. Act, sec. 74. En. April 20, 1850. Rep. 1851 290. En. 1851, 212. § 763. Form of objection. If he objects to the legal sufficiency of the accusation, the objection must be in writing, but need not be in any specific form, it being sufficient if it presents intelligibly the grounds of the objection. En. February 14, 1872. Cal. Rep. Cit. 145, 36. Crim. Prac. Act, sec. 75. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 764. Manner of denial. If he denies the truth of the accusation, the denial may be oral and without oath, and must be entered upon the minutes. En. February 14, 1872. Crim. Prac. Act, sec. 76. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 765. If objections overruled, defendant must answer. If an objection to the sufficiency of the accusation is not sustained, the defendant must answer thereto forthwith. En. February 14, 1872. Crim. Prac. Act, sec. 77. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 766. Proceedings on plea of guilty, refusal to answer, etc. If the defendant pleads guilty, or refuses to answer the accusation, the court must render judgment of conviction against him. If he denies the matter charged, the court must immediately, or at such time as it may appoint, proceed to try the accusation. En. February 14, 1872. Crim. Prac. Act, sec. 78. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 767. Trial by jury. The trial must be by a jury, and conducted in all respects in the same manner as the trial of an indictment for a misdemeanor. En. February 14, 1872. Crim. Prac. Act, sec. 79. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 41, 652. § 768. State and defendant entitled to process for witnesses. The district attorney and the defendant are respectively entitled to such process as may be necessary to enforce the attendance of witnesses, as upon a trial of an indictment. En. February 14, 1872. Crim. Prac. Act, sec. 80. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 769. Judgment upon conviction, and its form. Upon a conviction, the court must, at such time as it may appoint, pronounces judgment that the defendant be removed from office; but, to warrant a removal, the judgment must be entered upon the minutes, and the causes of removal must be assigned therein. En. February 14, 1872. Crim. Prac. Act, sec. 81. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1863, 158. § 770. Appeal, how taken. Defendant to be suspended and vacancy filled. From a judgment or decree of removal from office under any provision of this chapter, an appeal may be taken to the supreme court in the same manner as from a judgment in a civil action but until such judgment is reversed, the defendant is suspended from office after thirty days from the entry of the judgment, unless within such thirty days there shall be filed in the office of the clerk of the court in which the conviction was had, a certificate of a judge of the superior court that in his opinion there is probable cause for the appeal. If a bill of exceptions is not settled in time to be used upon an application for such a certificate or within twenty days after such judgment is entered, the error relied upon may be presented to such judge in any manner satisfactory to such judge. If no such certificate be filed within thirty days the office must pending the appeal be filled as in case of a vacancy. Appeals taken under this section shall be entitled in the appellate court to priority in hearing over all cases except such as have been advanced upon its calendar by special |