This court will not test a conviction where probation has been granted by writ of habeas corpus except where there is a substantial question raised that there is no valid statute under which a prosecution might be had. See Ex parte Sanchez, 489 S.W.2d 295 (Tex.Cr.App. 1972), and cases cited therein. Appellant contends that the statutes in question treat males and females unequally under the law and are violative of the equal protection of the law clause, and of the due process clause, of the Fourteenth Amendment, the Nineteenth Amendment, the Eighth Amendment (in that same constitutes "status" punishment, constituting cruel and unusual punishment) and a treaty of the United States wherein this nation has internationally pledged itself to the principle of legal equality between the sexes.