UNITED STATES v. SWIERZBENSKI


18 F.2d 685 (1927)

UNITED STATES v. SWIERZBENSKI et al.

District Court, W. D. New York.

March 28, 1927.


Attorney(s) appearing for the Case

Richard H. Templeton, U. S. Atty., of Buffalo, N. Y. (Roy P. Ohlin, Asst. U. S. Atty., of Buffalo, N. Y., of counsel), for the United States.

Jay T. Barnsdall, Jr., of Buffalo, N. Y., for defendant Mary Swierzbenski.


HAZEL, District Judge.

There is no doubt that, under the English common law and the common law of various of the states, where husband and wife are jointly prosecuted for a misdemeanor, the husband acquitted at the trial, and the wife convicted, the latter is entitled to have the conviction set aside on the theory that she acted under coercion, threat, or command of her husband. The adjudications to which my attention is drawn, relating to the guilt of the husband...

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