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EX PARTE RIDDLE, 255 U. S. 450 (1921)

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U.S. Supreme Court

Ex Parte Riddle, 255 U.S. 450 (1921)

Ex Parte Riddle

No. 27, Original

Argued February 28, March 1, 1921

Decided March 21, 1921

255 U.S. 450


1. Mandamus does not lie where there was an adequate remedy by writ of error. P. 255 U. S. 451.

2. A defendant, convicted of a felony and sentenced in the district court, moved during the term to have the record corrected to show that, by agreement with the district attorney, he was tried by eleven jurors, and to set aside the judgment for that reason, but the court held the record sufficient, rejected evidence offered to the contrary, and denied both motions. Held that the decisions could have been reviewed upon a bill of exceptions by writ of error. Id.

Rule discharged; petition denied.

Petition for a mandamus to require a district judge to correct the record in a criminal case.

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