Edward Terry Sanford

“ Valente's contention is that the constitutional provision that the trial of all crimes shall be by jury (article 3, § 2, cl. 3) , requires the continuous presence of the same judge throughout the trial until the final judgment, and that, although this was a misdemeanor case, the substitution of another judge before the verdict was received and the sentence imposed, was not a mere irregularity which could be waived by his consent, but a violation of the constitutional provision for a jury trial. ”

“ Ct. 555, 67 L. Ed. 1009. There are no circumstances in the present case sufficiently extraordinary to bring it within any class of 'exceptional cases' or make 'the general rules of procedure' inapplicable. Craig v. Hecht, supra, p. 277.
The writ of habeas corpus could not be used in this case as a substitute for a writ of error. The order sustaining the writ and discharging Valante from custody is accordingly reversed; and the cause will be remanded to the District Court with instructions to vacate the order, discharge the writ, and remand Valante to the custody of the warden. ”