Borda

The information charges that the defendant “ on the twenty-seventh day of June, 1893, at the county of San Bernardino, state of California, did willfully and unlawfully keep a large number of sheep, to wit: about two thousand sheep, penned and corralled in, over, and on the banks of that certain stream of water known as the East Fork of the Mojave river, so that by reason of keeping said sheep so penned and corralled as aforesaid the waters of said stream then and there became polluted; and from which said stream water was then and there, ever since has been, and now is, drawn for the supply of the inhabitants of the town of Hesperia, said Hesperia being then and there a town in the state of California.”

The charge was made under section 374 of the Penal Code, as amended March 3, 1893, which makes it a misdemeanor to keep any sheep or other livestock penned, corralled, or housed on, over, or on the borders of any stream, the waters of which are thereby polluted, and are drawn for the supply of the inhabitants of any city or town in this state.

*638 The defendant was convicted, and has appealed from the judgment and an order denying his motion for a new trial.

It was proved that…