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STATE ex rel. ATTY. GEN. v. W. C., alias Neal, DANIEL, as Sheriff of Macon County.

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:

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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STATE v. DANIEL
(Apr 6, 1937)