# James Edward Gibson v. Charles S. Dell, Acting Warden

> Court of Appeals for the Ninth Circuit · April 27, 1971 · 443 F.2d 75

URL: https://www.frixlaw.com/law-library/cases/296883

## Case

- **Full name:** James Edward GIBSON, Appellant, v. Charles S. DELL, Acting Warden, Et Al., Appellees
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** April 27, 1971
- **Citations:** 443 F.2d 75; 1971 U.S. App. LEXIS 10531
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Chambers, Duniway, McNICHOLS, Per Curiam
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/296883

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/296883. Public record. Not legal advice.