In Re Cregler

In this proceeding begun by a petition for prohibition but by stipulation to be considered as an application for the writ of habeas corpus, petitioner attacks the constitutionality of the provisions of subdivision 4 of section 647 of the Penal Code1 as that section read before it was repealed2 and a new section 647 enacted in 1961. (Stats. 1961, ch. 560.)

*310An alternative writ issued, which hy stipulation is deemed an order to show cause on petition for habeas corpus. On the record which is before us we have concluded that petitioner’s contentions (that the statute is unconstitutionally vague…