Upton

Defendant was accused of the crime of escaping from a prison camp, in Trinity County, he being a prisoner of the state of California under the jurisdiction and control of the state prison at Folsom, California.

He appeared at the trial without an attorney, and he appears upon this appeal in his own behalf, and by lengthy brief presents his claims for a reversal of the judgment of the lower court.

Three of the points presented by appellant herein are identical with the claims made in People v. Vanderburg, ante, p. 217 [ 227 Pac. 621 ], These relate to the following alleged errors of the trial court, or objections advanced:

That section 106 of the Penal Code is unconstitutional;

That Sacramento County superior court had no jurisdiction, and

That the evidence failed to prove that the guard on duty was a “prison guard.”

These points were, in the Vanderburg case, decided against the defendant, and a like ruling will be made in this case.

In addition to these claims for reversal, defendant in the instant case makes the additional claims: 1. That he is prosecuted for an offense other than the one for which he was held to answer; 2. That he was denied process for witnesses to his…