People v. Swist

CHIPMAN, C.

Defendant was convicted of an assault with intent to commit the infamous crime against nature. He appeals from the judgment and from the order denying his motion for a new trial.

1. It is first objected that the court was without jurisdiction, for the reason that the oath administered to the witnesses was in accordance with the provisions of section 2094 of the Code of Civil Procedure, as amended March 4, 1901, since declared by this court to be unconstitutional. (Lewis v. Dunne, 134 Cal. 291. 1 ) Waiving the "question whether the point can be raised as ground for a motion for a new…