Waits

This appeal is from a judgment of conviction after trial by jury of the offenses set forth in sections 288 and 288a of the California Penal Code.

Viewing the evidence most favorable to the respondent, the essential facts are:

Appellant predicates prejudicial error upon the following instruction by the trial court:

The instruction correctly states the law with reference to the statute of limitations, but is erroneous as to the defense of alibi. In light of appellant’s alibi defense, the time the alleged offenses were committed became material, and it was the duty of the trial court to limit the jury in its consideration of the evidence to the period which the prosecution selected as the time of commission of the offenses. (People v. Morris, 3 Cal. App. 1, 10 [ 84 Pac. 463 ].) It was, therefore, prejudicially erroneous for the trial court to instruct the jury, as set forth, supra, that it was wholly immaterial on what day the offenses were committed.

The judgment appealed from is reversed.

Grail, P. J., and Wood, J., concurred.

A petition by respondent to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court…