Oates

This is an appeal from the judgment of' conviction upon an information charging the commission of the infamous crime against nature. The verdict was guilty of an attempt to commit the crime charged. Defendant appeals from the judgment, and contends that his motion in arrest of judgment, which was refused, should have been granted.

1. It is claimed that the act approved April 9, 1880, is unconstitutional and void. It is entitled “An act to amend sections [then follow one hundred and eight sections of the Penal Code, numbered consecutively as they there occur], and to repeal sections 969 and 1025 of the Penal Code, and to add a new section thereto, to be known as section 809, to provide for prosecutions by information, and to adapt the provisions of said code thereto.” (Amendments Pen. Code, 1880, p. 10.) r

The contention is,—1. That the act is a revision of the Penal Code, and hence required a republication of the entire code; 2. That section 809 added another subject to the code, making two subjects treated of in the amendment, only one of which is expressed in the title; and 3. That section 1159 (one of the amended sections) is inoperative and void so far as it relates to…