JAMES EDWARD GIBSON, APPELLANT,
v.
CHARLES S. DELL, ACTING WARDEN, ET AL., APPELLEES
JAMES EDWARD GIBSON, APPELLANT,
CHARLES S. DELL, ACTING WARDEN, ET AL., APPELLEES
443 F.2d 75
United States Court of Appeals for the Ninth Circuit (1971)
Caution
Cited by 6 cases
Topics
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Opinion of the Court
PER CURIAM:
The order denying issuance of a writ of habeas corpus is affirmed. Here no issue of facts was presented and no hearing was required.
Appellant is wrong when he asserts that the information under which he pleaded guilty did not state a crime.
His assertion of equal protection denial because a judge or jury can fix a crime as a felony or a misdemeanor depending on the sentence is without merit. See In Re Gutierrez, 82 Ariz. 21, 307 P. 2d 914, cert. denied 355 U.S. 17, 78 S.Ct. 79, 2 L.Ed.2d 23.
Olsen v. Delmore, 1956, 48 Wash.2d 545, 295 P. 2d 324, and State v. Pirkey, 1955, 203 Or. 697, 281 P. 2d 698, cited by appellant are distinguishable for the reasons ably stated by the district judge in his order denying the writ.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mozingo v. Craven, 475 F.2d 1254 (9th Cir. 1973)
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Mickey H. Weiss v. United States Bd. OF Parole, 451 F.2d 1346 (5th Cir. 1971)
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Tippitt v. Clark, 452 F.2d 1015 (5th Cir. 1972)
Authorities Cited
- McGEE v. United States, 355 U.S. 17 (U.S. 1957)
- Gutierrez v. Arizona, 355 U.S. 17 (U.S. 1957)