“ A convict guilty of such killing as is mentioned in section five thousand and forty-nine, or of any act therein mentioned, from which death ensues to such officer or guard, shall be punished with death.'
Appellant challenged these provisions as being repugnant to the due process and equal protection clauses of the Fourteenth Amendment of the Federal Constitution. His main contentions were that the statute was so broad as to embrace excusable homicide and that, as a convict, he was deprived of the equal protection of the laws relating to murder and manslaughter. ”

“ As we find no substantial federal question presented, the appeal is dismissed for the want of jurisdiction. (1) Lee v. New Jersey, 204 U.S. 67, 70, 28 S.Ct. 22, 52 L.Ed. 106; Hatch v. Reardon, 204 U.S. 152, 160, 27 S.Ct. ”