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of the provisions of subdivision 4 of section 647 of the Penal Code*fn1 as that section read before it was   repealed*fn2 and a new section 647 enacted in 1961. (Stats. 1961, ch. 560.)