Maltais

Defendant was accused by information of having, on January 5, 1907, at the county of Siskiyou, unlawfully and feloniously stolen $80, lawful money of the United States, then and there the personal property of one J. Root, contrary, etc. He was found guilty of grand larceny and sentenced to four years’ imprisonment in the state prison at San Quentin.

Defendant appeals from the judgment and from the order denying his motion for a new trial. He urges as grounds of appeal: 1. That the evidence is insufficient, generally, to sustain the verdict; 2. That the evidence is insufficient particularly, because the venue was not proven; 3. That the court erred in overruling the objection made to a certain question asked by the prosecution of witness Ladue on cross-examination.

There is evidence tending to establish the following facts: Root, the complaining witness, came to the town of Dunsmuir from a lumber camp where he had been working, about midnight, or later, of January 4, 1905; he had come by way of Castella, where he had been drinking intoxicants to some extent. Arriving at Dunsmuir he went to the Palm saloon, which was a rooming-house as well as a saloon, and resumed his drinking…