Byrd

By information defendant was accused in count I of forging the name W. E. Savage on the endorsement of a check, in count II of forging the name Flemón Johnson on the endorsement of a cheek, and in count III of grand theft in unlawfully taking $200 from George S. Miller on or about August 1, 1959.

On the day of trial the district attorney filed an amended information. The only amendment was to count III. Instead of merely alleging that defendant unlawfully took $200 from George S. Miller on or about August 1, 1959, it alleged additionally, “and within a twelve consecutive month period prior thereto, and while said defendant was an employee of George S. Miller. ’ ’

It is asserted the court erred in permitting the amended information to be filed in that it was not timely and that it did not conform to the evidence taken at the preliminary hearing. The court may permit an amendment of an information at any stage of the proceeding, and the trial shall continue as if the pleading had been originally filed as amended unless the substantial rights of the defendant would be prejudiced thereby, in which event a reasonable postponement may be granted. (Pen. Code, § 1009.) Whether the…