McGowan

The defendant was convicted of the crime of burglary upon two counts contained in an information filed against him by the district attorney of Del Norte County. The information contains four counts. The defendant was acquitted on counts 1 and 3, and convicted on counts 2 and 4. From the judgment of conviction based upon counts 2 and 4, and the order denying his motion for a new trial, the defendant appeals. Count 2 is in the following words and figures, to wit:

Count 4 of the information charges the commission of a burglary by the defendant on or about the same date, and at Wedderburn, in Curry County, state of Oregon, in that he entered a building known as the Mercer-Praser Company Tool Shed, to commit petty larceny, and that he did then and there steal a chest of tools belonging to one Arthur TTanseth, and thereafter transported the same into the county of Del Norte.

The defendant’s appeal is based upon the sole ground that in so far as the offense of burglary is concerned, it was a completed offense in the state of Oregon, and that over such an offense the courts of California have no jurisdiction; that while asportation of the stolen goods into the county of Del N'orte…