Stratton

On October 2, 1931, an information was filed in the Superior Court of Stanislaus County, containing, among other things, two counts, each of which charged the defendant with the crime of burglary. Upon being arraigned upon this information the defendant entered a plea of guilty to both of the counts charging him with the crime of burglary.

On the thirteenth day of October, 1933, the appellant filed a motion in said court, having for its purpose the obtaining of an order of said court vacating, annulling and setting aside the judgment following the appellant’s plea of guilty of burglary to the counts contained in the information just referred to. The grounds of the motion were stated as follows:

The cause is now before us upon the appellant’s appeal from an order denying such motion. The argument of the appellant is to the effect that section 459, supra, is violative of the fourteenth amendment of the United States Constitution, in that it does not afford equal protection of the law, but is unreasonable in its classifications. In pursuance of the argument the appellant quotes section 459 of the Penal Code and attacks that part thereof which reads as follows: “with intent to…