In Re Frederich
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF WASHINGTON. This was an appeal from an order denying an application for a writ of habeas corpus addressed to the- court below by Albert Frederich, a prisoner confined in the penitentiary of the State of Washington, at Walla Walla, in that State.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF WASHINGTON. This was an appeal from an order denying an application for a writ of habeas corpus addressed to the- court below by Albert Frederich, a prisoner confined in the penitentiary of the State of Washington, at Walla Walla, in that State. The case, as made by the petition and accompanying exhibits, was as follows: On the 17th. of June, 1891, the prisoner was duly indicted by the grand jury of King County, Washington, for the murder of one Julius Scherbring, and upon said indictment he was subsequently arraigned,…
1Opinion of the CourtJustice Jackson
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, but thé only thing it could do was to reverse the judgment and discharge the defendant. This rule was recognized in England in the case of The King v. Bourne, 7 Ad. & El. 58, where the Court of King’s Bench reversed the judgment of the Court of…
2Cases cited15 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- Ex Parte RoyallSupreme Court of the United States · 1886
- Ex Parte SieboldSupreme Court of the United States · 1880
- Ex Parte YarbroughSupreme Court of the United States · 1884
- Ex Parte WilsonSupreme Court of the United States · 1885
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3Cited by126 opinions
- Fay v. NoiaSupreme Court of the United States · 1963
- Darr v. BurfordSupreme Court of the United States · 1950
- Frank v. MangumSupreme Court of the United States · 1915
- Salinger v. LoiselSupreme Court of the United States · 1924
- Harvest v. CastroCourt of Appeals for the Ninth Circuit · 2008
121 more not listed; retrieve them via the Exa API.