United States v. Weinstein

FRIENDLY, Chief Judge:

A conscientious and ingenious district judge has here endeavored to provide opportunity for an appellate ruling on the nature of a trial judge’s powers and responsibilities when a jury has found a defendant guilty on evidence which was facially sufficient but which the judge, for well articulated reasons, could not credit. This praiseworthy effort has presented us with problems of no little complexity.

I

Albert Grunberger was convicted in February, 1969, after a jury trial before Judge Mishler in the District Court for the Eastern District of New York on three counts of…