Samuel Freeman Miller

“ Is a judgment of conviction void when a deposition has been read against a person on trial for crime because he was not confronted with the witness, or because the indictment did not inform him with sufficient clearness of the nature and cause of the accusation? It may be confessed that it is not always very easy to determine what matters go to the jurisdiction of court so as to make its action when erroneous a nullity. But the general rule is that when the court has jurisdiction by law of the offense charged, and of the party who is so charged, its judgments are not nullities. ”

“ If the question had been one of former acquittal-a much stronger case than this-the court would have had jurisdiction to decide upon the record whether there had been a former acquittal for the same offense, and if the identity of the offense were in dispute, it might be necessary on such a plea to submit that question to the jury on the issue raised by the plea. ”

“ Ex parte Watkins, 3 Pet. 202; Ex parte Parks, 93 U.S. 23; Ex parte Yarbrough, 110 U.S. 653; S.C.. 4 SUP. CT. REP. 152; Ex parte Crouch, 112 U.S. 178; S.C.., ante, 96.
Without giving an opinion as to whether that decision was sound or not, we cannot grant the writ now asked for, and it is therefore denied. ”