IN RE WALDER v. BELNAP

No. 34225.

51 Wn.2d 99 (1957)

316 P.2d 119

In the Matter of the Application for a Writ of Habeas Corpus of FRANCIS PAUL WALDER, Petitioner, v. RAYMOND BELNAP, as Superintendent of the State Reformatory, Respondent.

The Supreme Court of Washington, Department One.

October 10, 1957.


Attorney(s) appearing for the Case

Archie Baker, for petitioner.

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


FINLEY, J.

This is a proceeding for a writ of habeas corpus, initiated in this court. The petitioner contends: (a) That there are two statutes defining the crime for which he was convicted and is now imprisoned in the state reformatory; (b) that one statute makes the crime a misdemeanor, and the other makes it a felony; and (c) that the legislature has thus improperly vested discretion in the prosecuting authorities to determine the extent of punishment for...

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