United States v. Valante, 264 U.S. 563 (1924)

United States v. Valante

No. 218

Argued April 8, 1924
Decided April 21, 1924
264 U.S. 563

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

Defendant, having been tried for a misdemeanor before on federal judge and having consented to the substitution of another who received the verdict and imposed sentence of imprisonment, sought habeas corpus upon the ground that the substitution was contrary to the constitutional provision for trial of all crimes by jury. Held, that the error, if any, did not go to the jurisdiction of the court, or render the judgment void, and that review should have been sought by writ of error. P. 564.

Reversed.

Appeal from an order of the district court discharging the appellee from custody in a habeas corpus proceeding.