Does time need to be proven to prove an offence was committed on or about a named date?

California, United States of America


The following excerpt is from People v. S.M. (In re S.M.), B279804 (Cal. App. 2018):

7. Indeed, "[t]he law is clear that, when it is charged that an offense was committed 'on or about' a named date, the exact date need not be proved unless the time 'is a material ingredient in the offense' (Pen. Code, 955), and the evidence is not insufficient merely because it shows that the offense was committed on another date." (People v. Starkey (1965) 234 Cal.App.2d 822, 827.) Time was not a "material ingredient" in the offenses charged here.

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