James

Defendant was convicted of a charge of violating section 11160 of the Health and Safety Code, by having Indian hemp in his possession. He appeals from the judgment.

The principal point made on appeal is that the evidence is insufficient to show that the offense was committed within three years before the filing of the information, this being the statutory period of limitation for prosecutions for this offense. (Pen. Code, sec. 800.) This contention must be sustained. The information was filed December 26, 1941, and alleged that the offense charged was committed on December 13, 1941. The defendant’s plea of not guilty put in issue this allegation of the information (Rebstock v. Superior Court, (1905) 146 Cal. 308, 311 [ 80 P. 65 ]; People v. Allen, (1941) 47 Cal.App.2d 735, 748 [ 118 P.2d 927 ]), and while the People were not required to prove the date exactly as alleged, the burden was on them of showing that the offense occurred within the period of limitation. (See People v. McGee, (1934) 1 Cal.2d 611, 613 [ 36 P.2d 378 ]; People v. Allen, (1941) 47 Cal.App.2d 735, 748 [ 118 P.2d 927 ]; note, 13 A.L.R. 1446 , and cases cited.)

We find but two references in the evidence to the…