United States v. Swierzbenski

HAZEL, District Judge.

There is no doubt that, under the English common .law and the common law of various of the states, where husband and wife are jointly prosecuted for a misdemeanor, the husband acquitted at the trial, and the wife convicted, the latter is entitled to have the conviction set aside on the theory that she aeted under coercion, threat, or command of her husband. The adjudications to which my attention is drawn, relating to the guilt of the husband, and not the wife, in violation of liquor laws, where it was proved that the offense was jointly committed, arose, in the main,…