Riddle v. Dyche
262 U.S. 333 (1923)

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U.S. Supreme Court

Riddle v. Dyche, 262 U.S. 333 (1923)

Riddle v. Dyche

No. 663

Argued April 12, 1923

Decided May 21, 1923

262 U.S. 333

Syllabus

1. The objection that a trial and conviction in the district court were illegal because the jury was made of but eleven men is one that should be taken by a writ of error, based on proper exceptions. P. 262 U. S. 334.

2. A person tried, convicted and sentenced upon a record showing that a lawful jury was empaneled, sworn, and charged cannot collaterally impeach the record by a proceeding in habeas corpus based on the proposition that there were only eleven jurors. P. 262 U. S. 335. Cf. Ex parte Riddle,255 U. S. 450.

3. Proceedings of a district court within its jurisdiction cannot be impeached and reexamined collaterally by a district. court of another district. P. 262 U. S. 336.

Affirmed.

Page 262 U. S. 334

Appeal from an order of the district court discharging a writ of habeas corpus and remanding the appellant to custody.

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