Riddle v. Dyche,
Annotate this Case
262 U.S. 333 (1923)
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U.S. Supreme Court
Riddle v. Dyche, 262 U.S. 333 (1923)
Riddle v. Dyche
Argued April 12, 1923
Decided May 21, 1923
262 U.S. 333
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.
Appeal from an order of the district court discharging a writ of habeas corpus and remanding the appellant to custody.