United States Supreme Court Cases & Opinions

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.