Wright

The only question raised is whether or not the offense charged against the defendant was proved to have been committed in the county of San Bernardino, state of California. The evidence fails to disclose the use of the words “San Bernardino” or “state of California” by any of the witnesses in fixing the place where the sale of liquor was alleged to have occurred; but it does affirmatively appear from the evidence that the offense charged occurred at the home of defendant Wright, and that the home of the defendant Wright was at Ontario at the time of the commission of the offense charged, to wit: on or about the thirteenth day of January, 1926.

While there was gross carelessness on the part of the prosecution in failing to make direct proof that the offense was committed within the county of San Bernardino there were certain circumstances proved which are sufficient to serve as proof of that fact. The alleged offense ivas com: mitted in the presence of the witnesses Sampson and Griffith, the witness Orindorff being at that time on Wright’s premises, but outside the house, and not where he could witness the delivery of the liquor or payment of the money. Orindorff testified that…