Basset v. United States

Citations

• 76 U.S. 38
• 19 L. Ed. 548
• 9 Wall. 38
• 1869 U.S. LEXIS 937

Syllabus

<p>1. Where a court sitting in place,of a jury finds the facts, this court cannot review that finding.</p> <p>2. A plea of nul iiel recurd raises a question of law, where the supposed record is of the court in which the plea is filed.</p> <p>3. Therefore, where the record relied on is produced in such a case, and made part of the record by a statement of facts agreed on, it is a question of law whether it supports or fails to support the plea, and can be reviewed in this court.</p> <p>4. It is competent for a court, for good cause, to set aside, at the same term at which it was rendered, a judgment of conviction on confession, though the defendant had entered upon the imprisonment ordered by the sentence.</p> <p>6. In such case the original indictment is still pending, and a bail bond given after this, for the prisoner’s appearance from day to day, is valid.</p>