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UNITED STATES v. WINTERS

No. 117, Docket 20395.

158 F.2d 674 (1946)

UNITED STATES v. WINTERS.

Circuit Court of Appeals, Second Circuit.

December 31, 1946.

Attorney(s) appearing for the Case

Herbert Zelenko and Henry Gerson, both of New York City, for appellant.

John F. X. McGohey, of New York City (Bruno Schachner and Frederick H. Block, both of New York City, of counsel), for appellee.

Before L. HAND, CHASE, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. Defendant contends that because he was acquitted as to the substantive crime, he could not be convicted of conspiracy to commit that crime. He relies on United States v. Zeuli, 2 Cir., 137 F.2d 845, in which we held that, if a defendant is convicted of a crime which, by its nature, necessarily involves cooperation with another person, the defendant may not also be convicted of a conspiracy to commit the crime...

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