State v. Leese

• Decision Date: 05 June 1893
• Docket Number: 6095
• Citation: 55 N.W. 798,37 Neb. 92
• Parties: STATE OF NEBRASKA v. WILLIAM LEESE, EX-ATTORNEY GENERAL
• Court: Nebraska Supreme Court

55 N.W. 798

37 Neb. 92

STATE OF NEBRASKA v. WILLIAM LEESE, EX-ATTORNEY GENERAL

No. 6095

Supreme Court of Nebraska

June 5, 1893

IMPEACHMENT PROCEEDINGS before the supreme court commenced under the provisions of section 14, article 3, of the constitution. Dismissed.

Proceedings DISMISSED.

P. H Barry, C. D. Casper, and George R. Colton, managers.

George W. Doane, S. B. Pound, W. L. Greene, and G. M. Lambertson for the state.

William Leese and John M. Stewart, for defendant.

OPINION

NORVAL, J.

The legislature of this state at its last session adopted and presented to this court articles of impeachment against William Leese, ex-attorney general, charging him with misdemeanors in office during the period he was attorney general of the state. Within the time fixed by the court therefor, the respondent answered the articles of impeachment exhibited and presented against him and to each and every specification therewith. Subsequently the managers appointed by the legislature to prosecute the charges asked leave to amend, in matter of substance, certain of the specifications in said articles of impeachment, to which proposed amendments the respondent at the time objected. At the hearing, the application to file amended specifications was denied, and we will now briefly state the reasons for the conclusion then reached.

Section 14, article 3, of the constitution declares that "The senate and house of representatives, in joint convention, shall have the sole power of impeachment, but a majority of the members elected must concur therein. Upon the entertainment of a resolution to impeach by either house, the other house shall at once be notified thereof, and the two houses shall meet in joint convention for the purpose of acting upon such resolution within three days of such notification," etc.

By the foregoing provision the exclusive power of impeachment is conferred upon the legislature. Both houses of that body are required to meet in joint convention to act upon a resolution to impeach a state officer for any misdemeanor in office, and such a resolution can only be adopted or carried by the affirmative vote of at least a majority of all the members elected to the legislature. The authority thus given carries with it the power of the senate and house of representatives, under like restrictions, to adopt suitable articles and specifications in support of their impeachment, and likewise the authority to adopt and present additional or amended articles or specifications whenever it is deemed proper or expedient so to do. But such power can no more be delegated by the joint convention to a committee or managers of impeachment, appointed by it, than the legislature can confer authority upon a committee composed of members of that body to enact a law, or to change, alter, or amend one which has been duly passed, and in neither case does the right exist.

Impeachment is in the nature of an indictment by a grand jury. The general power which courts have to permit the amendment of pleadings does not extend to either indictments or articles of impeachment. The uniform holding of the courts, except where a different rule is fixed by statute, is that when an indictment has been filed with the court, no amendment of the instrument, in matter of substance, can be made by the court or by the prosecuting attorney, against the consent of the accused, without the concurrence of the grand jury which returned the indictment. (People v. Campbell, 4 Parker's Crim....