Key legal question
Whether the appeal could challenge the lower court's factual findings directly before the Federal Supreme Court
Extracted holding
The court held that the factual complaints could not be raised directly as a shortcut appeal, because the cantonal cassation court had not finally and exhaustively ruled on them after the remittal and the altered evidentiary basis required reconsideration below.
Extracted reasoning
A change in the evidence after remittal may affect the assessment of all evidence; the cantonal cassation court had to reassess the facts in light of the new evidentiary situation.