Usurping Office; Procedure

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Sec. 6. (a) This section applies to an information filed against a person for usurping an office.

(b) Whenever an information described in subsection (a) is filed by the prosecuting attorney, the prosecuting attorney shall also set forth the name of the person rightfully entitled to the office, if any, with an averment:

(1) of the person's right to the office; or

(2) that no person is entitled to the office and that a vacancy in the office will result.

(c) When an information described in subsection (a) is filed by any other person, the person shall state the person's interest in the matter and any damages the person has sustained.

[Pre-1998 Recodification Citation: 34-1-59-4.]

As added by P.L.1-1998, SEC.12.


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