Storti v. Commonwealth
Massachusetts Supreme Judicial Court
Two petitions by and in behalf of Luigi Storti, convicted of murder in the first degree and sentenced to death, one for a writ of error and the other for a writ of habeas corpus, both filed April 30, 1901. The prisoner at the time of filing the petitions was held by the warden of the State prison, having been sentenced to suffer death by electricity under St. 1898, c. 326, at some time in the discretion of the warden within the week beginning April 7, "1901, which by respite…
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Two petitions by and in behalf of Luigi Storti, convicted of murder in the first degree and sentenced to death, one for a writ of error and the other for a writ of habeas corpus, both filed April 30, 1901. The prisoner at the time of filing the petitions was held by the warden of the State prison, having been sentenced to suffer death by electricity under St. 1898, c. 326, at some time in the discretion of the warden within the week beginning April 7, "1901, which by respite had been extended to some time within the week beginning May 12,1901. The question raised by both petitions was whether…
1Opinion of the CourtHolmes, C. J.
These proceedings are respectively a writ of error and a petition for a writ of habeas corpus. Both are intended to raise the same issue, that the punishment, death by electricity, to which the said Storti has been sentenced, under St. 1898, c. 326, § 6, is “ cruel or unusual” within article 26 of the Massachusetts Declaration of Rights. Upon the writ of error, the plaintiff in error insisting that the assignment was of error in fact, evidence was heard, the plaintiff in error being brought into court by habeas corpus to be present at the hearing, and the presiding justice found that the…
2Cases cited4 opinions
- In Re KemmlerSupreme Court of the United States · 1890
- Commonwealth v. CostleyMassachusetts Supreme Judicial Court · 1875
- People Ex Rel. Kemmler v. . DurstonNew York Court of Appeals · 1890
- Commonwealth v. CodyMassachusetts Supreme Judicial Court · 1896
3Cited by23 opinions
- Ex Parte GranvielCourt of Criminal Appeals of Texas · 1978
- State v. MataNebraska Supreme Court · 2008
- State v. JonNevada Supreme Court · 1923
- Boykin v. StateSupreme Court of Alabama · 1968
- Hernandez v. StateArizona Supreme Court · 1934
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