Eveart

The indictment, which was found in El Dorado county, charges that the defendant, on a day named, “at the county of El Dorado and state of California, with force 'and arms, did willfully, feloniously and maliciously cut, break, pull down, injure and destroy a certain dam erected for the purpose of conducting water into a certain ditch to be used for mining purposes, said dam and ditch being,,the property of Samuel Snow.” The defendant demurred to the indictment on the grounds: ‘ ‘ 1st. The indictment does not show that the grand jury had any legal authority to inquire into the offense charged, by reason of its not being within the local jurisdiction of the county; 2d. That it does not substantially conform to the requirements of sections 237, 238 and 239; 3d. That it does not state facts sufficient to constitute a public offense.” The demurrer was sustained, and judgment was rendered discharging the defendant.

The first ground is not well taken, for it is charged that the act for which the defendant was indicted was committed at the county of El Dorado, • and it would have been impossible for him to have destroyed the dam at that county unless it was situated at the same…