35 Minn. 283 | Minn. | 1886
The defendant was held to bail by an examining magistrate to answer the criminal charge of embezzlement. He was discharged upon habeas corpus by one of the district judges of Washington county, on the ground that the record failed to disclose evidence sufficient to warrant the decision of the magistrate.
The court or judge is not, in such cases, to sit as a court of review, to determine the sufficiency of the evidence as respects the guilt or innocence of the accused, but to inquire whether the proceedings are without jurisdiction, or the determination of the magistrate unsupported by evidence. His judgment in the premises, upon the evidence, must stand, if there is evidence reasonably tending to support it. In re Snell, 31 Minn. 110, (16 N. W. Rep. 692.) Tested by this rule, we think the district court erred in discharging the defendant. Without undertaking to review the testimony at length, or expressing any opinion as to the weight of it, or the strength of the case made by the state, we think there is evidence fairly and reasonably tending to support the charge in the complaint. It is not disputed by the petitioner, and the district judge finds, that “the evidence introduced by the state tends to show that the petitioner, for a year prior to the 15th day of June, 1885, was the station agent at Stillwater for the Chicago, St. Paul, Minneapolis & Omaha Eailway
The state rests particularly on the proof in respect to the cash items above referred to. The defendant (petitioner) himself voluntarily testified as a witness, and had an opportunity to explain, and did attempt to explain, the shortage and discrepancies in his accounts. He admits receiving the two items in money, — $31.50 and $73.58,— and that he purposely omitted to make the entries thereof in the books. He does not claim that the money was lost, or that it was retained or not accounted for through any mere omission or mistake. The evidence we have referred to was material, and tended to prove an embezzlement or fraudulent conversion of these funds. The distinction must be observed between the offence and the evidence of it. There was the actual receipt of the money by the defendant, the false account rendered, the deceit practised by him upon the company, and the long-continued and undisputed practice of falsifying
We find no ground for discharging the defendant, and the order should therefore be reversed.