IN RE OLSEN v. DELMORE

No. 33396.

48 Wn.2d 545 (1956)

295 P.2d 324

In the Matter of the Application for a Writ of Habeas Corpus of STANLEY C. OLSEN, Petitioner, v. LAWRENCE DELMORE, JR., as Superintendent of the State Penitentiary, Respondent.

The Supreme Court of Washington, En Banc.

March 22, 1956.


Attorney(s) appearing for the Case

Carl Maxey, for petitioner.

The Attorney General and Michael R. Alfieri, Assistant, for respondent.

Hugh H. Evans, Charles O. Carroll, and John J. O'Connell, amici curiae.


HAMLEY, C.J.

Stanley C. Olsen seeks a writ of habeas corpus from this court, alleging that he is illegally confined in the state penitentiary. It is his contention that the statute fixing the penalty for the crime of which he was convicted authorizes a charge of either a misdemeanor or a felony, and is therefore unconstitutional.

This constitutional question was not presented on Olsen's appeal, which resulted...

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