Strong v. State

“ ‘Consistency in the verdict is not necessary.’ ” So wrote Oliver Wendell Holmes for the Supreme Court of the United States in Dunn v. United States, 284 U. S. 390, 393 (52 SC 189, 76 LE 356) (1932). He stood on rationale that had been developed in even earlier cases. The case involved three charges; the jury convicted defendant of one charge and acquitted him on two. One must look at this as though separate trials were had as to each, Justice Holmes wrote, with the same evidence presented at each trial. Res judicata could not be pleaded at the other trials, on separate counts, if the first…