“ Justice Henshaw, delivering the opinion of the court, 'The classification of the statute in question is not arbitrary, but is based upon valid reasons and distinctions.' And pointing out the distinction between life prisoners and other convicts, he said that 'the 'life termers,' as has been said, while within the prison walls, constitute a class by themselves,-a class recognized as such by penologists the world over. Their situation is legally different. Their civic death is perpetual.' [153 Cal. 62, 94 Pac. 248.] ”

“ Section 246 of the Penal Code of the state of California provides as follows: 'Every person undergoing a life sentence in a state prison of this state, who, with malice aforethought, commits an assault upon the person of another with a deadly weapon or instrument, or by any means or force likely to produce great bodily injury, is punishable with death.' Plaintiff in error was indicted under this section, tried, found guilty, and the death penalty imposed. ”