Tossetti

Defendant was charged by an information filed in the superior court of San Bernardino County with a misdemeanor, possessing intoxicating liquor. Upon trial he was convicted. Motions in arrest of judgment and for a new trial were made in his behalf. These were denied, and judgment pronounced. From the judgment and from the order denying motion for new trial he has now appealed.

Appellant bases his plea for reversal .solely upon the ground of lack of jurisdiction of the trial court. Section 1425 of the Penal Code, as Amended in 1929 (Stats. 1929, p. 861), defines the jurisdiction of justice courts in criminal cases. It provides that in “judicial townships, having a population of thirty thousand or more, said court shall have jurisdiction in all criminal cases amounting to a misdemeanor only. ...” Appellant’s contention is grounded on the foregoing statute and the population of San Bernardino township, in which said township the evidence shows the offense was committed shortly after the 1929 amendment became effective. Although his position was, at the time of the hearing upon the motions, that it was a matter of common knowledge that the population of said township was in excess of…