104 P. 872 | Mont. | 1909
delivered the opinion of the court.
Petition for a writ of supervisory control. The petitioner, who is the county attorney of Lewis and Clark county, alleges, in substance : That heretofore one Powers was by him prosecuted before S. W. Langhorne, a justice of the peace, for the statutory offense of vagrancy; that Powers entered a plea of guilty and was sentenced to serve a term in the county jail; that habeas corpus proceedings, in behalf of said Powers, were thereafter instituted in the district court before the Honorable J. M.
Respondents have interposed a motion to dismiss the proceedings. Several grounds are urged; but the most comprehensive and important one is that the facts set forth in the petition are insufficient to justify the issuance of the writ. The motion must be granted. The question whether the court or judge is authorized to take testimony showing that Powers did or did not actually enter a plea of guilty in the justice of the peace court is not before us. This question was suggested at the hearing and has been argued in the briefs; but an analysis of the petition convinces us that we may not consider it. The only showing made by the petition is, assuming the allegations thereof to be true, that in certain other criminal matters (it is not alleged whether they were actions or special proceedings) the judge has shown a tendency to give credit to one class of witnesses over another. This court cannot undertake to regulate his judgment in this regard. Such matters are wholly and essentially for his deter
The proceedings are therefore dismissed.
Dismissed.