Courts take judicial knowledge of the rules and regulations of executive departments. Peters v. U. S., 2 Okla. 117.

Courts take judicial knowledge of the date of statehood. Rea v. State, 3 Okla. Cr. 281, 105 P. 386.

396. Pleading a Judgment—In pleading a judgment or other determination of, or proceeding before a court or officer of special jurisdiction, it is not necessary to state the facts conferring jurisdiction; but the judgment or determination may be stated to have been duly given or made. The facts constituting jurisdiction, however, must be established on the trial. (5749, R. L. 1910.)

An information in the name of the county attorney signed by an assistant is valid. Talkington v. State, 13 Okla. Cr. 577, 165 P. 906; McGarrah v. State, 10 Okla. Cr. 21, 133 P. 260; Fooshee v. State, 3 Okla. Cr. 666, 108 P. 554.

Name of county attorney must be signed to an information, either by himself or an assistant. Such authority cannot be delegated to another Fullingim v. State, 7 Okla. Cr. 333, 123 P. 558; Viers v. State, 10 Okla. Cr. 28, 134 P. 80; Johnson v. State, 15 Okla. Cr. 630, 179 P. 941. Information cannot be verified on information and belief. Miller v. U. S., 8 Okla. 215; Mulkins v. U. S., 10 Okla. 288; Salter v. State, 2 Okla. Cr. 465, 102 P. 719; DeGraff v. State, 2 Okla. Cr. 519, 103 P. 538; Drake v. State, 2 Okla. Cr. 643, 103 P. 878; Muldrow v. State, 4 Okla. Cr. 324; In re Talley, 4 Okla. Cr. 398.

But a charge so verified may be waived by defendant pleading thereto or by giving bond for appearance. In Cummings, 11 Okla. 286; Muldrow v. State, 4 Okla. Cr. 324; In re Talley, 4 Okla. Cr. 399.

Information may be verified by one who has no personal knowledge of the facts. Moss v. State, 4 Okla. Cr. 247.

Information not verified as prescribed by law, should be quashed. Snapp v. State, 2 Okla. Cr. 516, 103 P. 553; In re Talley, 4 Okla. Cr. 399 County court acquires no jurisdiction unless information is. filed as prescribed by law. Thurman et al. v. State, 2 Okla. Cr. 718, 104 P. 67; Fullingim v. State, 7 Okla. Cr. 333, 123 P. 558.

A defect in, or total lack of verification can only be taken advantage of by motion to set aside same. Blair v. State, 4 Okla. Cr. 359.

A verification that "the statement" etc., is not defective. Blair v. State, 4 Okla. Cr. 360.

Not necessary that an information charging a felony be verified. In re Talley, 4 Okla. Cr. 399; Davis v. State, 4 Okla. Cr. 508; Henson v. State, 5 Okla. Cr. 201, 114 P. 630; Gunnells v. State, 7 Okla. Cr. 98, 122 P. 264; Hughes v. State, 7 Okla. Cr. 117, 122 P. 554; Brown v. State, 9 Okla. Cr. 392, 132 P. 359.

An unsigned information can be taken advantage of by demurrer. Brown v. State, 9 Okla. Cr. 382, 192 P. 359.

Verification must be before a judicial officer. Bowes v. State, 7 Okla. Cr. 317.

Notary not sufficient, but court clerk is: Bowes v. State, 7 Okla. Cr. 317; Caffe v. State, 11 Okla. Cr. 263, 145 P. 499.

397. Pleading Private Statute-In pleading a private statute, or a right derived therefrom, it is sufficient to refer to the statute by its title and the day of its passage, and the

court must thereupon take judicial notice thereof. (5750, R. L. 1910.)

398. Verification of Information by County Attorney—The county attorney shall subscribe his name to informations filed in the county, superior or district court and indorse thereon the names of the witnesses known to him at the time of filing the same. He shall also indorse thereon the names of such other witnesses as may afterwards become known to him, at such time as the court may by rule prescribe. All informations shall be verified by the oath of the prosecuting attorney, complainant or some other person. (5694, R. L. 1910.)

For notes on indorsement of witnesses, see sec. 380.

399. Indictment for Libel-In criminal prosecutions for libel, the indictment or information need not set forth any extrinsic facts for the purpose of showing the application to the party libeled of the defamatory matter upon which the indictment is founded, but it is sufficient to state generally that the same was published concerning the party named and the fact that it was published must be established on the trial. (2384, K. L. 1910.)

400. Indictment or Information for Libel-An indictment or information for libel need not set forth any extrinsic facts for the purpose of showing the application to the party libeled. of the defamatory matter on which the indictment or information is founded, but it is sufficient to state generally that the same was published concerning him, and the fact that it was so published must be established on the trial. (5751, R. L. 1910.)

Information held not sufficient. Lawton v. Terr., 9 Okla. 456.

401. When Misdescription of Forged Instrument Immaterial -When an instrument, which is the subject of an indictment or information for forgery, has been destroyed or withheld by the act or procurement of the defendant, and the fact of the destruction or withholding is alleged in the indictment or information and established on the trial, the misdescription of the instrument is immaterial. (5752, R. L. 1910.)

402. Indictment or Information for Perjury-In an indictment or information for perjury, or subornation of perjury, it is sufficient to set forth the substance of the controversy or matter in respect to which the offense was committed, and in what court or before whom the oath alleged to be false was

taken, and that the court or person before whom it was taken had authority to administer it, with proper allegations of the falsity of the matter on which the perjury is assigned; but the indictment or information need not set forth the pleadings, record, or proceedings with which the oath is connected, nor the commission or authority of the court or person before whom the perjury was committed. (5753, R. L. 1910.)

The terms of an information under this section, commonly called "inducement" may be alleged in general terms. Williams v. State, 14 Okla. Cr. 100, 167 P. 763.

Information held sufficient. Gray v. State, 4 Okla. Cr. 294; Coleman v. State, 6 Okla. Cr. 254, 118 P. 594; Mitchell v. State, 7 Okla. Cr. 564, 124 P. 1112.

Materiality of false testimony must be pleaded and proved. Stanley v. U. S., 1 Okla. 337; Rich v. U. S., 1 Okla. 355.

Not necessary to name the persons holding court, nor the person before whom the oath was taken. Schlumbohm v. State, 5 Okla. Cr. 36, 113 P. 235.

403. Indictment or Information for Larceny or Embezzlement-In an indictment or information for the larceny or embezzlement of money, bank notes, certificates of stock or valuable securities, or for a conspiracy to cheat and defraud a person of any such property, it is sufficient to allege the larceny or embezzlement, or the conspiracy to cheat and defraud, to be of money, bank notes, certificates of stock or valuable securities, without specifying the coin, number, denomination. or kind thereof. (5754, R. L. 1910.)

Failure to allege that property was taken with intent to deprive an other thereof is bad. Steil v. Terr., 12 Okla. 377.

Must be alleged that property was taken without the knowledge or consent of the owner. Beck v. State, 14 'Okla. Cr. 3, 166 P. 753; Yates v. State, 14 Okla. Cr. 10, 166 P. 904.

To support a conviction for larceny of domestic animals, it is necessary to prove the taker's felonious intent to appropriate the property to his own use and benefit, while such is not necessary under general larceny statute. Crowell v. State, 6 Okla. Cr. 148, 117 P. SS3.

Information for larceny of domestic animals approved. Caido v. State. 7 Okla. Cr. 139, 122 P. 734; Dunn v. State, 14 Okla. Cr. 452, 172 P. 463; Bayless v. State, 9 Okla. Cr. 27, 130 P. 520; McKeehen v. State, 11 Okla. Cr. 444, 147 P. 784; Barbe v. Terr., 16 Okla. 562; Barbe v. Terr., 19 Okla. 119.

404. Indictment or Information for Handling Obscene Literature—An indictment or information for exhibiting, publishing, passing, selling or offering to sell, or having in possession with such intent, any lewd or obscene book, pamphlet, picture, print, card, paper or writing, need not set forth any portion of the language used or figures shown upon such book, pamphlet, picture, print, card, paper or writing, but it is sufficient

to state generally the fact of the lewdness or obscenity thereof. (5755, R. L. 1910.)

(Embezzlement)

Information against agent approved. Rau v. State, 7 Okla. Cr. 349, 123 P. 1037; Duerksen v. State, 8 Okla. Cr. 602, 129 P. 881; Price v. State, 10 Okla. Cr. 428, 137 P. 736.

As to whether an act constitutes larceny or embezzlement, depends upon the time that intent was formed. Bivens v. State, 6 Okla. Cr. 521, 120 P. 1033; Flohr v. Terr., 14 Okla. 478.

An information charging larceny from two parties in the same act, must so allege. Tucker v. State, 8 Okla. Cr. 428, 128 P. 313.

Information may charge both larceny and embezzlement. Hughes v. State, 7 Okla. Cr. 117, 122 P. 554.

405. Justice May Act As Coroner-When there is no coroner, or in case of his absence or inability to act, any justice of the peace of the same county is authorized to perform the duties of coroner, in relation to dead bodies, and the justice so acting shall receive same fees as coroners. (1689, R. L. 1910.)

406. When Inquest Held-The coroner shall hold inquests only on the bodies of such persons, the cause of whose death is unknown and who are supposed to have died from unlawful means, but in no case shall the coroner hold any inquest, unless the cause of death is unknown, or the person who caused the death is unknown, or there is a reasonable presumption that the dead person has died from unlawful means. When it becomes necessary to hold an inquest, the coroner shall summon forthwith six citizens of the county to appear before him, at a time and place named, to act as jurors. If any juror fails to appear the coroner shall summon the proper number from bystanders. (1671, R. L. 1910.)

407. Oath to Jurors-The coroner shall impanel the jury and administer the following oath in substance:

"You do solemnly swear (or affirm) that you will diligently inquire and true presentment make, when, how, and by what means the person whose body lies here dead, came to his death, according to your knowledge and evidence given you, so help you God." (1672, R. L. 1910.)