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SULLIVAN v. STATE

No. 6798.

572 S.W.2d 778 (1978)

Michael SULLIVAN, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied October 18, 1978.

Attorney(s) appearing for the Case

Joseph A. Calamia, Charles Michael Mallin, El Paso, for appellant.

Steve W. Simmons, Dist. Atty., Thomas W. Chellis, Asst. Dist. Atty., El Paso, for appellee.

OPINION

OSBORN, Justice.

This is an appeal from a quo warranto proceeding in the 41st District Court of El Paso County holding (1) that Article 5968, Tex.Rev.Civ.Stat.Ann., is constitutional, and (2) that the office of Sheriff of El Paso County became vacant on June 21, 1978. We affirm.

Michael Sullivan, Jr., the duly elected Sheriff of El Paso County, was indicted on two counts on February 23, 1978, for official misconduct in connection with work...

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