In re Tambara (1921) · DecisionDepot

In re Tambara

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Apr 27, 1921 No. Crim. No. 2371Published

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Holding. The court denied a petition for a writ of habeas corpus because the transcript of the preliminary examination established probable cause that the prisoner committed embezzlement by retaining and pledging bonds after the underlying debt was satisfied.

Issues

Whether there was probable cause to commit the prisoner for trial on a charge of embezzlement.

Disposition. Denied

Quotations verified verbatim against the opinion

“An examination, of this transcript satisfies us that it discloses probable cause for holding for trial on the theory that after the debt was fully paid the prisoner without lawful right retained the bonds and converted the same to his own use”

Synopsis

APPLICATION for a Writ of Habeas Corpus. Denied.

The facts are stated in the opinion of the court.

THE COURT. This is an application for a writ of habeas corpus based on the ground that the prisoner has been committed by a magistrate for trial on the charge of embezzling certain bonds, without a showing of probable cause. The application is accompanied by a transcript of the testimony taken before the committing magistrate. An examination, of this transcript satisfies us that it discloses probable cause for holding for trial on the theory that after the debt was fully paid the prisoner without lawful right retained the bonds and converted the same to his own use by pledging the same for his own obligation.

The application for a writ is denied.

All the Justices concurred.

In re Tambara

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