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UNITED STATES v. DESMOND

No. 81-1590.

670 F.2d 414 (1982)

UNITED STATES of America, Appellee, v. Francis P. DESMOND, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 19, 1982.

Rehearing Denied March 3, 1982.

Attorney(s) appearing for the Case

John Rogers Carroll (argued), Thomas Colas Carroll, Carroll & Carroll, Philadelphia, Pa., for appellant.

Howard B. Klein, Asst. U. S. Atty. (argued), Peter F. Vaira, Jr., U. S. Atty., Walter S. Batty, Jr., Asst. U. S. Atty., Philadelphia, Pa., for appellee.

Before ALDISERT, ROSENN and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

Submission of special interrogatories to a jury in a criminal trial is not favored because they may unduly restrict that body's historical power to acquit. Their use in the case at hand, however, did not rise to the level of plain error. Accordingly, we reject defendant's challenge to his conviction based on the jury's answers to interrogatories to which no objection was...

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