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UNITED STATES v. BOSCH

No. 74-1752.

505 F.2d 78 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Nemia BOSCH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 16, 1974.

Attorney(s) appearing for the Case

Lawrence R. Metsch, Miami, Fla., (Court-appointed), for defendant-appellant.

Robert W. Rust, U. S. Atty., Michael P. Sullivan, Donald L. Ferguson, Asst. U. S. Attys., Miami, Fla., for plaintiff-appellee.

Before DYER, SIMPSON and CLARK, Circuit Judges.

CLARK, Circuit Judge:

In criminal trials, any encroachment upon the broad right to a jury's general verdict of guilty or not guilty is fraught with danger. In the bright light of appellate hindsight, we can see that what appeared below as an efficacious and unexceptional procedure masked instead the path to error. The special interrogatories which were used to narrow the issues for the jury may have required them to return...

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