§ 16-21-116 — Indictment and punishment for misdemeanor in office or neglect of duty - Prosecution

(a) Prosecuting attorneys may be indicted for any misdemeanor in office or neglect of duty and punished by fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000). (b) (1) When a bill of indictment has been found against any prosecuting attorney, for any offense whatever, it shall be the duty of the court in which the indictment is found to appoint some person, being an attorney at law, to conduct the prosecution against the prosecuting attorney. (2) If the prosecuting attorney is convicted, the attorney conducting the prosecution shall be entitled to receive the sum of fifty dollars ($50.00) out of the salary of the prosecuting attorney. The Auditor of State, on receiving a certificate of the conviction of the prosecuting attorney, shall draw his warrant on the Treasurer of State for such sum, if so much of the attorney's salary is due. Rev. Stat., ch. 16, §§ 8-10; C. & M. Dig., §§ 8315-8317; Pope's Dig., §§ 10892-10894; A.S.A. 1947, §§ 24-107 -- 24-109.