Collins

The defendant was convicted upon an information charging him with the crime of cohabitation and adultery as defined by section 269a of. the Penal Code. He appeals from the judgment and from an order denying his motion for a new trial.

, The evidence is sufficient to establish the fact that the offense was committed within one year, prior to the fourth day of June, 1917, when the amended information was filed. It was shown by the testimony of witnesses that the defendant and his paramour together occupied a house in San Diego for a year or more, beginning in May, 1916, and that the defendant, in conversation with persons residing in the neighborhood, referred to the woman as his wife. These facts are not contradicted by any evidence in the record, except that defendant and the woman testified that he was there only as a boarder.

The woman had with her at that house a baby, which died on July 3, 1916, it being then of the age of nine months. The court did not err in admitting in evidence a certified copy of the certificate of death of that child. It was admissible as an official document showing that the defendant, over his own signature, admitted at that date that his place of…