What is the effect of dimmed memory on witnesses who witnessed appellant at the time of the crime?

1. Appellant's claim of denial of due process by the three-and-one-half month delay between commission of the offense and indictment and arrest was not raised below, and we therefore need not consider it. Benson v. United States, 402 F.2d 576, 580-581 (9th Cir. 1968). In any event, it appears from the record that the only prejudice alleged inability of appellant's alibi witnesses to recall the precise time at which they had seen appellant was not due to dimmed memory, but rather to the fact that they had no watch, or didn't look, or for other reasons were not aware of the precise time at the moment they saw appellant.