Edward Douglass White

“ Without expressing any opinion as to the correctness of the ruling of the court below concerning the failure to promptly raise the question of former jeopardy, although on this record it may be conceded it presents a Federal question, we pass from its consideration, since we think the contention that the accused was twice put in jeopardy is wholly without merit. ”

“ Pending the appeal New Mexico was admitted to the Union and the case was heard by the supreme court of the state. In that court, in addition to the contention as to former jeopardy, the accused urged that he had been denied due process of law and had been deprived of the right to a trial by jury because from the record it appeared that although a jury was impaneled before he was arraigned and pleaded not guilty, that jury was dismissed and it did not appear that any jury was impaneled after his arraignment and plea. ”

“ Illinois, 187 U.S. 71, 85, 86, 47 L. ed. 79, 86, 23 Sup. Ct. Rep. 28, 15 Am. Crim. Rep. 253. See United States v. Riley, 5 Blatchf. 204, Fed. Cas. No. 16,164, in which the facts were in substance identical with those here presented. ”