Legal Opinion

Ex Parte Riddle

Supreme Court of the United States

Decided March 28, 1921No. 27PublishedCited by 24 opinions

ON PETITION. FOR WRIT OF MANDAMUS. Petition for a mandamus to require a district judge to correct the record in a criminal case. The facts are stated in the opinion.

1Opinion of the CourtJustice Holmes

The petitioner was indicted for a violation of § 215 of the Criminal Code of the United States by a use of the mails in furtherance of a scheme to defraud. This is a felony, § 335, and .therefore, we assume, must be tried by a jury of twelve. The petitioner was tried, convicted and sentenced, the record stating that “to try this cause come a jury of goqd and lawful men duly impaneled, sworn and charged a true verdict to render according to the law and the evidence.” During the term the petitioner filed a motion setting forth that as the result of an agreement between himself and the District…

2Cases cited3 opinions

  1. Nalle v. OysterSupreme Court of the United States · 1913
  2. Ex Parte MorganSupreme Court of the United States · 1885
  3. Ex Parte Park Square Automobile StationSupreme Court of the United States · 1917

3Cited by24 opinions

  1. Love v. WilcoxTexas Supreme Court · 1930
  2. Stratton v. St. Louis Southwestern Railway Co.Supreme Court of the United States · 1930
  3. Ex Parte BaldwinSupreme Court of the United States · 1934
  4. Riddle v. DycheSupreme Court of the United States · 1923
  5. City of Big Spring v. GarlingtonCourt of Appeals of Texas · 1935

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