Allan

Defendant was charged by an information with the violation of section 476 of the Penal Code. He appeals from the judgment entered on the verdict of guilty and from an order denying a new trial.

The information alleged that on July 21, 1925, the defendant made a fictitious check for the payment of money, purporting to be signed by Robert Dean when in fact there was no such person; that knowing the check to be fictitious and with intent to defraud Livingston Brothers, Inc., a corporation, he uttered and passed the check to the corporation as true and genuine.

The check alleged to be fictitious is set out in the information in the words and figures following:

The cheek was admitted in evidence over the objection of defendant, who contends, as grounds for reversal, that the variance between the check described in the information and the proof offered as above was material; that ‘ the court erred in overruling the objection to its admission and that the evidence was insufficient to support the verdict.

It appears that the words and figures contained in the check last mentioned, including the acceptance by the trust company, were printed with the exception of the date, the-name of…