The opinion
ON PETITION FOR REHEARING
Submitted on Petition for Rehearing
Before Warner, Chief Justice, and Rossman, Lusk, Brand and Latourette, Justices.
*669 LUSK, J.
The defendant in this case was originally sentenced on March 27, 1943. In accordance with onr opinion in the habeas corpus proceeding entitled Little v. Gladden, 202 Or 16 , 273 P2d 443 , the circuit court vacated the sentence and imposed a new sentence on August 30, 1954. From that sentence he appealed to this court and we affirmed.
The sentence of August 30, 1954, was imposed pursuant to the provisions of the Habitual Criminal Act in effect in 1943 (OCLA § 26-2803) providing a mandatory life imprisonment for a fourth offender. That section, along with other provisions of the Habitual Criminal Act, was repealed by Oregon Laws 1947, ch 585, and new provisions adopted in their stead. The defendant says in his petition for rehearing that we ignored in our opinion the fact that the former statute was repealed without a savings clause. In this petitioner is mistaken, for § 7 of the 1947 Act provides: “All provisions of law repealed by this act hereby are continued in full force and effect as to penalties incurred and pending proceedings.” The petitioner incurred the penalty before the repeal of the former statute, and was therefore amenable to its provisions.
The only other matter in the petition which calls for comment is the complaint that we failed to pass upon any of the constitutional questions which he raised in his brief. We considered them but did not think it necessary to mention them. In order, however, to remove any question on that score we state now that we find nothing in this record to support the petitioner’s contention that he has been deprived of rights guaranteed to him by the Fourteenth Amendment to the Constitution of the United States.
The petition for rehearing is denied.