In RE OLSEN v. Delmore

Stanley C. Olsen seeks a writ of habeas corpus from this court, alleging that he is illegally confined *546in 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 in affirmance. State v. Olsen, 43 Wn. (2d) 726, 263 P. (2d) 824. Nor was it presented in his previous petition for a writ of habeas corpus, which was denied without opinion on June 17, 1954. Cert.…