People v. Montgomery

TUTTLE, J.

The defendant in this case was convicted of a felony, to wit: A violation of section 484 of the Penal Code, in that, in the county of Mendocino, he feloniously stole, led and drove away a steer which was the personal property of the Caspar Lumber Company, a corporation. It was the contention of the defendant at the trial that he had permission from the company to take and sell the steer. The animal was taken from the slaughter-house of the Caspar Lumber Company, which is about one-quarter of a mile from Caspar, and transported to Fort Bragg by appellant.

The petition for rehearing was granted in the above-entitled cause in order that the court might give further consideration to the question of the proof of venue. It is ear

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nestly contended by the attorney-general that there is sufficient direct evidence in the record, exclusive of that derived through judicial knowledge, to meet the requirements of the law in the matter of the establishment of the fact that the crime in question was committed in Mendocino County. A reexamination of the record, in our opinion, supports this contention. The testimony of defendant relative to this matter, and upon which the attorney-general relies, is as follows:

“Q. How long have you been a resident of Mendocino County, Mr. Montgomery? A. Since I was four years old. Q. Where were you born? A. San Francisco. Q. And approximately how many years have you lived in Mendocino county? A. Well, I will be 50 years old next February. Q. For the last 46 years, then, you have been a resident of Mendocino county? A. Yes, sir, barring a year or so I was in Livermore. Q.

And during that 46 years where have you resided in

Mendocino County? A. Fort Bragg or Caspar, or in that neighborhood. Q. Either one of those places for the last 46 years? A. Practically; been away a few months now and then, but not long. Q. Where have you resided for the last fifteen years? A. Caspar Woods, known as Camp 6’. . . . Q. And whose property do you reside on, or have you been residing on? A. I have resided on the Caspar property; mother lives on the Union Lumber Company’s property. Q. What has been your occupation, Mr. Montgomery, for the last fifteen or eighteen years ? A. Raising cattle and getting out split stuff for the Caspar Lumber Company. Part of the time for the Union Lumber Company, but mostly, Caspar.”