Supreme Court of Alabama, 1937

State Ex Rel. Atty. Gen. v. Daniel

State Ex Rel. Atty. Gen. v. Daniel
Supreme Court of Alabama · Decided April 6, 1937 · Knight, Anderson, Foster
173 So. 915; 234 Ala. 700 (Southern Reporter)

State Ex Rel. Atty. Gen. v. Daniel

Opinion of the Court

PER CURIAM.

The majority of the court, consisting of Justices GARDNER, THOMAS, BOULDIN, BROWN, and KNIGHT, find the defendant guilty, and his impeachment is directed. Justice KNIGHT concurs in a special finding, as follows:

Concurring Opinion

KNIGHT, Justice

(concurring specially)-

The evidence in this case does not convince me beyond a reasonable doubt that the defendant has been guilty of corruption in office, as charged in the information, and he should, in my opinion, be acquitted of that charge.

However, after a most careful consideration of all the evidence, I am at the conclusion that the defendant, during his present term of office, has been guilty of such willful neglect of duty as justifies his removal from office. To this extent I concur in the conclusion of the majority of my associates.

ANDERSON, C. J., and FOSTER, J., dissent.

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