Parsons

A complaint was issued charging the defendant with the degenerate crime denounced by section 288a of the Penal Code. At the time of his arraignment upon the complaint the defendant expressed a desire to waive his legal rights and confessed to the committing magistrate his guilt of the offense charged. Whereupon the justice of the peace ordered that he be held to answer before the superior court. The information was filed on February 10, 1923. On the same day the defendant plead guilty to the offense as charged in the information, and was sentenced for the term provided by law on February 13, 1923. On October 2, 1926, or after the lapse of more than three years and seven months, the defendant made a motion to vacate and set aside the judgment of conviction on the grounds, among others: 1. That the information was filed without authority of law because no preliminary examination was had; 2. That section 288a of the Penal Code is unconstitutional for the reason that it is vague, uncertain and indefinite, which two grounds are the only reasons assigned ¡in support of his appeal from the order made November 15, 1926, denying his motion to set aside the judgment.

; [1] Appellant…