113 Cal. 172 | Cal. | 1896
It is provided by section 397 of the Penal Code, as amended in 1893, that: “ Every person who
Appellant argues that more than one offense is charged in the information, because he is thereby accused of furnishing liquor to two Indians, but, obviously, the act charged is single; just as when, by a single act, larceny is perpetrated of two or more coins or other chattels. (Wharton’s Criminal Pleading, 254.)
It is claimed that on the trial there was a variance between allegation and proof, in that the evidence showed that the liquor was furnished, if at all, to one Indian only. Conceding to the exigence of the argument that such a variance would be material, we think none appears; the evidence tended to show that the two Indians were together in a barroom, and that one of them gave the defendant money with which he purchased a bottle of whiskey at the bar; both Indians repaired to a convenient rendezvous where defendant met them, and he there designedly placed the bottle within their reach, or delivered it into the hand of the one from whom he received the money; both then drank from the bottle, though not in defendant’s presence. These facts, unexplained as they were, justify the inference that liquor was furnished to two Indians.
There is an objection that the venue of the offense was nqt proved. The evidence showed that it occurred at Susanville, and it is judicially noticed that Susanville is the county seat of, and situated within Lassen county. (People v. Etting, 99 Cal. 577.)
Vanclief, C., and Belcher, C., concurred.
For the reasons given in the foregoing opinion the judgment and order denying defendant’s motion for new trial are affirmed.
Temple, J., McFarland, J., Henshaw, J.