In Re William v. Bradley, 318 U.S. 50 (1943)

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In re William V. Bradley


No. 473


Argued January 8, 1943
Decided February 1, 1943
318 U.S. 50

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT

Syllabus

A federal court having erroneously imposed upon the petitioner a sentence of fine and imprisonment for contempt (Jud.Code § 268, 28 U.S.C. § 385), and the fine having been paid to the clerk of the court, who gave a receipt therefor, the court is without power thereafter -- although the money had not been covered into the Treasury -- to modify the sentence to one of imprisonment only, and the petitioner must be discharged. P. 52.

Reversed.

Certiorari, 317 U.S. 616, to review a judgment sentencing the petitioner for contempt.