THE STATE vs. SAMUEL TOOTLE, n., 2 Harr. 541

Per Curiam. The English statutes 7 and 8, Geo. 4, ch. 29, makes it a felony of death to steal “ any ram, ewe, sheep or lamband it has been decided under this statute, that proof of stealing a lamb did not support an indictment for stealing a sheep. But the reason of the decision is that the statute itself distinguishes between a sheep and a lamb. If our act were the same, the decision would be the same; but it makes no such distinction, and we think the proof sustains the indictment. 2d.

As to the venue, it is incumbent on the state to prove that the offence was committed within the county of Kent; but it has been decided that where the offence was charged to have been committed in Sussex county, and proved to have b.een done at Lewesiown, the court would judicially take notice that Lewestown is in Sussex county. (1 Harr. 326 — note.) The jury must judge as to the proof. If it shows the offence to have been committed at Camden or near Camden, we think they ought to take notice that Camden is in Kent county. Wm. H. Rogers, attorney general, for state. Frame, for defendant.

The defendant was convicted.