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SEIDEN v. UNITED STATES

No. 248.

16 F.2d 197 (1926)

SEIDEN v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

December 20, 1926.

Attorney(s) appearing for the Case

Morris D. Reiss, of New York City, for plaintiff in error.

Emory R. Buckner, U. S. Atty., of New York City (C. D. Williams, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before HOUGH, HAND, and MACK, Circuit Judges.

HAND, Circuit Judge (after stating the facts as above).

We have held that, when a jury convicts upon one count and acquits upon another the conviction will stand, though there is no rational way to reconcile the two conflicting conclusions. Marshallo v. U. S. (C. C. A.) 298 F. 74; Steckler v. U. S. (C. C. A.) 7 F.2d 59. If they will, jurors may set at defiance law and reason and refuse to find the accused guilty; when they do, he...

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