Ex parte Palmer

Citations

• 86 Cal. 631
• 25 P. 130
• 1890 Cal. LEXIS 1081

Syllabus

<p>Criminal Law — Embezzlement — Venue. — Where a managing agent left in charge of a ranch in Yolo County sent horses from the ranch, which were the property of bis principal, to a dealer in Sacramento County, who sold them and paid over the net proceeds to the managing agent in Sacramento County, who rendered no account thereof to his principal, and made no entry of it in the books kept on the ranch under his direction, in the absence of any satisfactory explanation of his failure to account therefor, or proof that he took the proceeds out of Sacramento County, the facts are sufficient to justify a committing magistrate in holding Mm to answer for the crime of embezzlement committed in Sacramento County.</p> <p>'Id.—Habeas Corpus —Prima Eacie Case — Probable Cause for Commitment. — When the facts proved are sufficient to show prima facie that the defendant is guilty of a criminal offense, and that he was held to answer in the county in which such offense was presumably committed, he cannot he discharged, upon habeas corpus, on the ground that he was committed without reasonable or probable cause, in the absence of explanatory evidence, or proof that the offense was not committed in. such county.</p>