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Abstract

Defendant was indicted on three separate counts in federal court and two juries were empaneled for one of the counts to try defendant and accomplice simultaneously. When testimony probative as to Sidman, but prejudicial to Clifford was about to be admitted through cross-examination, the jury sitting in judgment of Clifford was excused. Both men were convicted and on appeal Sidman's conviction was affirmed and Clifford's reversed. The multiple jury joint trial is a modification of the jury trial concept. The idea, however, desperately needs direction and it was for this reason that the appellate court, while upholding the conviction, did not endorse the procedure." This "reserved" approval has apparently been accepted by the Supreme Court," but acceptable guidelines must be promulgated if multiple jury joint trial are to be endorsed without qualifications.

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