Frank

Upon charges by information of robbery and burglary, and the allegation of a prior conviction of felony in another state, verdicts of guilty were returned by the jury, and the defendant appealed from the judgments entered accordingly.

It was alleged, and the prosecuting witness testified, that the offense was committed on or about the second day of February, 1932. The defendant swore that he was not at the scene of the robbery on that date. However, said witness was not positive as to the exact date thereof, and police records proved by the People showed the same offense to have been committed on the thirteenth day of February, 1932. “The precise time at which the offense was committed need not be stated in an indictment or information, but may be alleged to have been committed at any time before the filing thereof, except where the time is a material ingredient in the offense.” (Pen. Code, sec. 955.)

It is contended that the trial court abused its discretion in denying a motion for a continuance, and that the appellant was deprived of an opportunity to produce a material witness. It was shown by affidavit that said witness had left the state, but no showing was made as to…