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Public Officers-Sheriff's Removal From Office- Use Of Third Degree

Michigan Law Review

In a quo warranto proceeding instituted under a Kansas statute providing that an officer of this state "who shall willfully misconduct himself in office, or who shall willfully neglect to perform any duty enjoined upon such officer by any of the laws of the state . . . shall forfeit his office and shall be ousted from such office," it was held, that a sheriff who assaulted and used other third degree practices on a prisoner to force a confession from him had misconducted himself in office and should be removed. State ex rel. Boynton v. Jackson, (Kan. …