From this again appeal can be made on points of law or disputed procedure to the senate, which may send the case back for retrial by an assize of the peace in another district.
In the retrial of the General Fitz John Porter case he obtained a reversal of the decision of the original courtmartial.
It was not till 1899 that the unfortunate prisoner was brought back to France for retrial by court-martial, and even then, so strong was the anti-Semitic and military prejudice, he was again found guilty "with extenuating circumstances" at Rennes (September 9), though ten days later he was "pardoned" by President Loubet.
If the court finds that sections 78 and 79 are satisfied, it must make an order quashing the acquittal and directing a retrial.
Efforts on behalf of the three have focused on obtaining either a retrial or a presidential pardon.