United States v. Valante

This is an appeal from an order sustaining a writ of habeas corpus and discharging Valante from custody.

He was tried in the District Court upon a criminal information charging him with misdemeanors under the National Prohibition Act. The judge of another federal district presided. The testimony was heard; and the jury was charged and retired to deliberate. Not having agreed upon a verdict by the time that the judge was to return to his home, it was stipulated by the district attorney and Valante’s counsel that any other federal judge might receive the verdict and impose sentence, if…