IN RE FREDERICH

No. 1305.

149 U.S. 70 (1893)

In re FREDERICH, Petitioner.

Supreme Court of United States.

Decided April 24, 1893.


Attorney(s) appearing for the Case

Mr. Frederic D. McKenney, (with whom were Mr. S.F. Phillips and Mr. W.B. Tyler on the brief.)

Mr. W.C. Jones, Attorney General of the State of Washington, and Mr. James A. Haight, opposing, submitted on their brief.


MR. JUSTICE JACKSON, after stating the case, delivered the opinion of the court.

At common law the general rule undoubtedly was that where an erroneous judgment was entered by a trial court, or an erroneous sentence imposed, on a valid indictment, the appellate court, on error, could not itself render such a judgment as the trial court should have rendered or remit the case to the trial court with directions for it to do so...

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