Tyree

Defendant was convicted of the crime of grand larceny. He moved for a new trial, which motion being denied, he was sentenced to imprisonment for the term of five years. He appeals from the judgment.

It is claimed that “the whole case against the appellant rests upon the credibility of the complaining witness, C. G. Engblom, ’’ who, it is further claimed, “was insane and not mentally responsible” and that “the jury should have been permitted to hear the evidence relating to his mental condition, as bearing on his credibility.”

It is also contended that the superior court of Mendocino County did not have jurisdiction to try the case.

1. The information charged that the defendant, “on or about the 16th day of June, 1912, at the said Mendocino County, state of California, . . . did then and there feloniously steal, take and drive away” certain cattle, the property, etc. There was evidence that the cattle were owned and were running in Trinity County when taken and were driven to Mendocino County and there sold. There is no averment in the information that the cattle were stolen in or taken from Trinity County and driven into Mendocino County.

In People v. Mellon, 40 Cal. 648 , the…