Anderson

Defendant was informed against by the district attorney of Napa County for the crime of violating the fishing laws of the state and was convicted of the crime charged. He moved for a new trial, which being denied, he was sentenced to pay a fine of five hundred dollars, and, in default thereof, to be imprisoned in the county jail at the rate of one day for each two dollars of said fine. He appeals from the judgment and order denying his motion for a new trial.

The charge was laid under subdivision 7 of section 636 of the Penal Code, the charging part of the information being as follows: “Did willfully and unlawfully cast, extend and use a net for the purpose of taking fish at and within Fish and Game District Mo. Two (2) of the State of California, to wit: at the extreme northern end of and within Fly’s Bay, in the County of Napa, State of California,” etc. Subdivision 7 of said section of the Penal Code reads as follows: “Every person who, in fish and game districts numbers one, two, three, four, fourteen, twenty, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight and twenty-nine, shall cast, extend or use, or who shall assist in casting, extending or…