California Jurisprudence Volume 3; A Complete Statement of the Law and Practice of the State of California by William Mark McKinney
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 Excerpt: ...counsel when a district attorney becomes disqualified from conducting a criminal prosecution,9 and under section 3880 2. Lamb v. Webb, 151 Cal. 451, 135 Cal. 412, 67 Pac. 498 (holding 91 Pac. 102, 646. that under section 1130 of the 3. Pol. Code, 380. Penal Code, the power of the su 4. People v. Pacheco, 29 Cal. 210. perior court to appoint some other 5. Lamb v. Webb, 151 Cal. 451, attorney at law to perform the 91 Pac. 102, 646. duties of the district attorney on 6. Pol. Code, 472. the trial of a criminal action ex 7. Pol. Code, 475. tends only to a sudden emergency 8. Pol. Code, 472. caused by the unexpected failure 9. Toland v. Ventura County, of the district attorney to appear, of the same code he may employ special counsel in prosecutions of revenue officers. Section 474 of the Political Code provides that he may employ counsel to act in his place in proceedings for the discovery and recovery of escheated property. He has no power, however, to bind the state by a contract to procure the advice of counsel as to the rights of the state in property generally.10 Nor has he power to appoint an agent for the purpose of giving the requisite notice to a delinquent taxpayer that the state will apply for a deed.11 Supervision over district attorneys.--The attorney general has general powers of supervision over district attorneys, and may, whenever in his opinion the public service requires it, assist them in the performance of their official duties.12 When he thus assists a district attorney, he may, by virtue of his supervisory power, assume a paramount control and direction of the business he and the district attorney are jointly conducting, and may go to the extent of proceeding to set aside a judgment taken by the consent of the district...
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