People v. Aleck

Morrison, C. J.:

The judgment-in this case will have to be-reversed, as there *138is no evidence in the transcript showing that the crime was committed in the county of Amador. Whether this omission was simply the result of carelessness in preparing the bill of exceptions, or a failure on the part of the prosecution to prove on the trial where the crime was committed, is immaterial; in either case the record which purports to contain all the evidence shows a- defect in the proof which is fatal to the judgment. “ The plea of not guilty puts in issue, all the material averments in the indictment,…