In re Application for a Writ of Habeas Corpus of Francis Paul Walder

[51 Wash2d Page 100] 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 identical acts. He urges that the net result is a
denial of equal protection of the law, as guaranteed by the Federal and state constitutions.