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ASHE V. VALOTTA, 270 U. S. 424 (1926)

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U.S. Supreme Court

Ashe v. Valotta, 270 U.S. 424 (1926)

Ashe v. Valotta

No. 521

Argued March 5, 1926

Decided March 15, 1926

270 U.S. 424


Relator, having been indicted in the state court separately for each of two closely connected murders, was given a single trial on both indictments, in which he was deprived of the full number of challenges he would have had if tried separately on each. Conviction on both indictment was sustained by the state supreme court. He was discharged by habeas corpus in the federal district court.


1. The state trial court had jurisdiction even if the joinder was contrary to state law. P. 270 U. S. 425.

2. The decision of the state supreme court on state law, with respect to the trial and the challenges, was not rexaminable. Id.

3. The joint trial of the two charges, and limitations of the challenges, was within the constitutional power of the state. Id.

4. The interference by habeas corpus was unwarranted. P. 270 U. S. 426.

2 F.2d 735 reversed.

Appeal from an order of the district court, in habeas corpus, discharging the relator Valotta from the custody of the appellant, by whom he was held for execution of a death sentence pursuant to a judgment of a state court.

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