People v. Haugh

[605]

COUGHLIN, J.

The defendants obtained money under the Aid to Needy Children program through false representations ; on account thereof were charged and convicted of grand theft and conspirary to commit grand theft, i.e., violations of sections 484, 487.1 and 182 of the Penal Code; were granted probation; and appeal from the order granting such probation and from the judgment.

While the defendants although not married were living together as husband and wife, the latter received Aid to Needy Children payments in reliance upon her verified statement that she then had no unrelated adults living with her. Regulations of the State Social Welfare Board then in force directed that in computing the needs of a child the welfare department should consider the income of an adult person living in the child’s home and assuming the role of spouse toward the child’s mother although not married to her; and prescribed a standard of computation providing for a lesser payment than would have been made if such a person had not been living with the mother. The validity of these regulations has been settled. (People v.

Shirley,

55 Cal.2d 521, 524 [11 Cal.Rptr. 537, 360 P.2d 33];

People

v.

Bailey,

55 Cal.2d 514 [11 Cal.Rptr. 543, 360 P.2d 39].) In the light thereof the materiality of the misrepresentations in the statement heretofore noted is apparent. (Generally see

People

v.

DeCasaus,

194 Cal.App.2d 666, 673-674 [15 Cal.Rptr. 521].) The defendants contend, however, that their conviction is without support in the record because the regulations in question were not introduced in evidence; that they “are not entitled to judicial notice”; and the failure to place them in evidence '' constituted a vital gap in the prosecution’s case.’’

The defendants’ contention has been decided adversely to their position in