Collins v. Smith

Decision Date14 March 1927
Docket NumberNo. 4966.,4966.
Citation17 F.2d 988
PartiesCOLLINS v. SMITH, Warden of California State Prison at Repress.
CourtU.S. Court of Appeals — Ninth Circuit

John L. Collins, in pro. per.

U. S. Webb, Atty. Gen., and J. Charles Jones, Deputy Atty. Gen., for appellee.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

PER CURIAM.

The appellant applied to the court below for a writ of habeas corpus to obtain his discharge from imprisonment under a judgment of one of the courts of the state of California, on the ground that the statute under which the sentence was imposed is unconstitutional and void. The rule is so well settled that the validity of a state statute cannot be challenged in this way that the question is no longer an open one. Urguhart v. Brown, 205 U. S. 179, 27 S. Ct. 459, 51 L. Ed. 760; In re Whitacre (C. C. A.) 17 F.(2d) 767, decided February 21, 1927.

The order is affirmed.

* Rehearing denied May 2, 1927.

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