Freeman

Defendant was charged with and convicted of the crime of passing a check without having sufficient funds to his credit in the bank upon which it was drawn to pay the amount specified therein. The check was drawn to “cash or bearer” and was signed by the defendant. The jury returned a verdict of guilty, with a recommendation for probation. The court ignored the recommendation and sentenced defendant to serve a term of three years in prison. He appeals from that judgment and from an order denying his motion for a new trial.

The information charged that the check was passed on or about the twelfth day of March, 1915, and as set out in the information the date line of the check read as follows: “Brawley, Cal. 3-2 1915.” The check when offered in evidence corresponded in all respects with the copy set out in the information, except that the figure “1” appeared in the date line, making the wording ‘'3-12 1915, ’ ’ instead of '‘3-2 1915. ’ ’ To the introduction of the check objection was made on the ground that there was a material variance between the allegations and the evidence offered. The objection was overruled. It is now claimed that the court in making this ruling committed…