George Sutherland

“ The record of the District Court recites that 'a jury of good and lawful men' was duly impaneled, sworn and charged. After sentence appellant moved to amend the record entry to show that only 11 men sat as jurors in the case and offered testimony in support of the motion, The court rejected the proof on the ground that oral testimony was not admissible to modify or amend the record, and, first reciting that after hearing the evidence and arguments, being of opinion that the record of the judgment entry was as it should be, and did not need amendment, it denied the motion. ”

“ He did not avail himself of it, and, whatever may have been the cause or excuse for not doing so, habeas corpus cannot be used as a substitute. Frank v. Mangum, 237 U.S. 309, 326, 35 Sup. Ct. 582, 59 L. Ed. ”