Marsino v. Hogsett

MORTON, District Judge.

This is a petition for habeas corpus directed to the warden *408of the Massachusetts State Prison. The Chief Justice and an associate justice of the Superior Court, and the district attorney for the middle district of Massachusetts are joined as defendants, but by agreement of parties the petition is abandoned as to them and may be dismissed. The matter was heard on the respondent’s suggestion that no case is stated for the issue of the writ, in effect an oral demurrer to the petition.

In these proceedings nothing is open to the petitioner, except the question whether he has…