82 P. 955 | Or. | 1905
delivered the opinion of the court.
The defendant, A. J. Browning, was charged in the Municipal Court for the City of Portland with the crime of embezzling $20, and, having been convicted thereof and sentenced to imprisonment in the county jail, he appealed
Ilis counsel contends that the court in which the action was instituted did not have jurisdiction of the subject-matter, and, this being so, that the circuit court erred in not reversing the judgment of the municipal court and discharging the defendant. The authority by which'the police court assumed to act in the matter is to be found, if at all, in the following provisions of the charter of the City of Portland. The Municipal Court for the City of Portland has therein the jurisdiction and authority of a justice of the peace: Sp. Laws, 1903, pp. 3,131, § 329. An examination of the statute in respect to the authority of the latter court discloses that a justice’s court has jurisdiction of the crime of larceny, committed or triable in the county in which such court is held,.where the punishment therefor may be imprisonment in the county jail or by fine: B. & C. Comp. § 2194; Laws 1903, p. 295. Where the value of the property stolen does not exceed the sum of $35, a justice’s court has jurisdiction of the crime, and upon conviction of the person charged therewith, may sentence him to imprisonment in the county jail for not less than one month nor more than one year, or may impose a fine of not less than $25, nor more than $100: B. & C. Comp. § 1798. The statute alleged to have been violated by the defendant, is, so far as involved herein, as follows :
“If any * * employee * * of any private.person * * shall embezzle or fraudulently convert to his own use * * any money * * of another * * which shall have come into his possession, or be under his care, by virtue of such employment, such * * employee * * shall be deemed guilty of larceny, and upon conviction thereof shall be punished accordingly”: B. & C. Comp. § 18C5.
The legislative assembly possessed plenary power to designate embezzlement by any name that it might adopts and having selected the word “larceny” as expressing the crime committed, a justice’s court has jurisdiction thereof when, as in the case at bar, the value of the property converted does not exceed the sum of $35.
The Municipal Court for the City of Portland having-the same authority as a justice’s court, it follows that the judgment of the circuit court should be affirmed, and it is-so ordered. • Affirmed.