SHAPIRO V. UNITED STATES, 235 U. S. 412 (1914)

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U.S. Supreme Court

Shapiro v. United States, 235 U.S. 412 (1914)

Shapiro v. United States

No. 93

Argued December 3, 4, 1914

Decided December 14, 1914

235 U.S. 412


In a case remanded to it by the circuit court of appeals, the district court must apply the principles laid down in the decision for its guidance, and if the mandate required it to reject a plea of nolo contendere on the only counts on which the government stood and to proceed with the case, it must, in obedience to the mandate, set aside the plea.

This Court cannot reverse the ruling of the circuit court of appeals upon a writ of error to the district court which acted upon the mandate even though new constitutional questions were raised in the district court after the case had been remanded. Union Trust Co. v. Westhus, 228 U. S. 519.

This Court cannot take a case in fragments and, if reviewable on direct writ of error, by reason of the presence of a constitutional question, the whole case must come here.

There is ample opportunity for a review by this Court of every judgment or decree of a lower court contemplated by the Act of 1891 (now embodied in the Judicial Code), but, in the distribution of jurisdiction, this Court is not authorized to review a judgment or decree of the circuit court of appeals otherwise than by proceedings addressed to that court. Brown v. Alton Water Co., 222 U. S. 325.

The facts, which involve the jurisdiction of this Court to directly review the judgment of the district court in a case in which that court acted in accordance with the mandate of the circuit court of appeals, are stated in the opinion. chanrobles.com-red

Page 235 U. S. 413


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