Padilla

The principal contentions of appellant are, first, that the county in which the offense is alleged to have occurred was not proven on the trial, and, second, that there was no evidence that defendant took the wheat as charged.

As to the first question the attorney-general’s brief apparently quoted certain words as to Alpaugh being “in the county of Tulare,” which we do not find in the transcript before us. However, there is evidence following this statement as to Alpaugh and as to the location of the ranch from which the wheat was taken, and as to the distances and as to the county line; and a map of Tulare County was before the jury when the owner was asked as to the location of the land from which his wheat was abstracted—part of the evidence being: “Q. And whereabouts is the county line? A. Right at the west edge. Q. This is over right east of the county line? A. Joins the county line on the east.” This statement and this line of questioning at the trial having taken place in the county of Tulare, and the court taking judicial cognizance of the fact that Alpaugh is in the county of Tulare, the proper and only inference that can be drawn from the record is that the land from…