126 P. 929 | Mont. | 1912
delivered the opinion of the court.
Habeas corpas. The complainant was committed to the custody of the defendant after a preliminary examination had before a justice of the peace of Yellowstone county, upon a complaint charging her with grand larceny. The application for the writ was presented to, and was heard by, the Justices in chambers. The ground. alleged is that the evidence submitted at the preliminary hearing does not show reasonable or probable cause for belief that the complainant is guilty of the crime charged, or any crime of which the district court has jurisdiction.
The complaint under which the complainant was committed charges, larceny of property of the Hart-Albin Company, a corporation, between December 15, 1911, and May 18, 1912, of the value of $2,423.31. The evidence shows, without contradiction,- that the Hart-Albin Company owns and conducts a department store at Billings, in Yellowstone county; that on December 15, 1911, the complainant was employed by it as a saleswoman; that she continued in its employment from that time until May 18, 1912; that she was employed in different departments from time to time, according as the exigencies of the business required, or as an assistant in taking an invoice of the stock; that at the time of her arrest, on May 18, she was employed in the piece-goods department; that from time to time goods had been missed from this and other departments; that on May 17 certain pieces of goods were missed from the piece-goods department; that inquiry was made of her by the manager as to her knowledge of them; that she at first disclaimed knowledge, but subsequently admitted that she had purloined them; that on the same day the sheriff, armed with a search-warrant and accompanied by two or three employees in the store, searched her house and found therein several hundred articles put away in closets or drawers, packed in boxes, concealed in beds, in the oven of the cooking-stove in the kitchen, and lying in the attic and basement, consisting of laces, dress-trimmings, embroideries,
Under the statute in this state, when property taken is of the value exceeding $50, or is taken from the person of another, or is
It is apparent that in any view of the case the complainant must be remanded for trial; for, though the warrant is one of commitment for trial upon the charge of grand larceny, nevertheless, since it clearly appears that she is at least guilty of
Counsel for complainant contends that the evidence goes no further than to establish several distinct and separate larcenies,
It is to be borne in mind that the case presented to us is merely upon the evidence submitted to the justice. The county attorney was only required to submit proof sufficient to show probable cause to believe the defendant guilty of the charge. (Rev. Codes, secs. 9090, 9644.) As was observed by the court in Cody v. State, supra, the question whether there was one transaction or several distinct transactions is a question to be determined by the trial court and jury, when all the facts and circumstances have been' presented by the evidence.
The writ of habeas corpus is not supervisory in its nature;
The writ is accordingly discharged, and the complainant is remanded.