Opinion
No. 8,173.
Decided March 8, 1941.
Petition for Richard C. Parmenter, convicted in the district court of Ravalli county of the crime of embezzlement of public moneys belonging to the City of Hamilton, Montana, while acting as city treasurer, who appealed from the judgment, for a certificate of probable cause, for an order staying execution of the judgment, and an order admitting him to bail pending disposition of his appeal.
Mr. J.D. Taylor, Mr. Wellington D. Rankin and Mr. Arthur P. Acher, for Petitioner.
Decided March 8, 1941.
In this action the verified application of appellant, convicted of the crime of embezzlement in the district court of Ravalli county, for a certificate of probable cause and for an order admitting appellant to bail, discloses that like applications were made to and refused by the trial court. On consideration of the record on appeal, it is the opinion of the Justices of this court that there is probable cause for the appeal within the contemplation of section 12113, Revised Codes, and the rules of this court. It is ordered that a certificate of probable cause issue, and that defendant be admitted to bail upon furnishing an undertaking in such sum as the trial court may determine.