Hugo Black

“ On the second trial for conspiracy all were convicted and it is these convictions of respondents that we review in the present case.
I am convinced from the records before us that the principle of res judicata should have barred the Government from trying respondents on this second indictment for conspiracy. In the first trial the judge instructed the jury to convict on the substantive counts all defendants who either committed that crime or aided, abetted, assisted, counseled, encouraged, commanded, induced, procured or incited any other person to do so. ”

“ Cf. Morrison v. People of State of California, 291 U.S. 82, 93, 54 S.Ct. 281, 286, 78 L.Ed. 664; Feder v. United States, 2 Cir., 257 F. 694, 5 A.L.R. 370; see also the cases collected in 72 A.L.R. 1180, 1186-1187 ”