Camp

On the 16th of October, 1914, defendant, having been convicted by a jury of the crime of “lewd and lascivious conduct with and upon the body of a male child under the age of fourteen years,” was sentenced by the superior court of the county of Sacramento to imprisonment in the state prison for the term of fifteen years.

On the twenty-first day of January, 1919, defendant made a motion “that an order be made and entered herein vacating and setting aside the conviction and judgment for want of jurisdiction in said court.” An order to show cause was issued and, after a hearing, the motion was by the court denied and the defendant remanded to the custody of the warden of the state prison. The appeal is by the defendant from the order denying said motion.

It is stated in the grounds of appeal that said order is “contrary to law and that said conviction and judgment are void on the face of the record, for want of jurisdiction in said superior court over the subject matter of the action and that said judgment in said action is also void because in excess of the authority of said superior court to the extent that the sentence therein specified exceeds the term of five years.”

Defendant…