Storti's Case

This is a petition for the writ of habeas corpus on the ground that the respondent has no authority to hold the petitioner in custody except such as is derived from St. 1901, c. 520, and that as against the petitioner that statute is unconstitutional and void.

The petitioner had been sentenced to death and had been committed to the warden of the State prison under St. 1898, c. 326. That act required that from the time of delivery to the warden until his execution or discharge a convict under sentence of death should “ be kept in a cell provided for the purpose, and no person shall be allowed…