In re Perry

The opinion of the court was delivered by

Harvey, J.:

This is an original proceeding in habeas corpus. Petitioner was arrested on a warrant issued November 12, 1936, charging him with obtaining certain property by false pretense. At the preliminary hearing held December 31, 1936, before Joseph Pelishek, a justice of the peace at Ellsworth, he was held for trial in the district court for embezzlement in three counts with respect to the property. He contends the evidence is insufficient to support the finding that the offense of embezzlement had been committed, and further contends if the…