Ex parte Daly

Judge James W. Perkins, Judge of the Seventh Judicial Circuit, by virtue of an order made by the Governor convened and held a special term of the Circuit Court in and for the County of Dade in the Eleventh Judicial Circuit because of the continued illness of the Judge presiding over the said Eleventh Judicial Circuit, at which special term the petitioner was tried, convicted and sentenced to death for the crime of rape. The petitioner sued out here in this court a writ of habeas corpus alleging that he is unlawfully detained in custody for two reasons, vis.: (1) Because Judge Perkins of the…