showed that Kruse was the author of the English portion of the exhibit. (Tr. 291). The evidence further showed that all of the counterfeit coins involved in this case were uncirculated. (Tr. 336, 7). Some of the counterfeit coins were shown to have come from the same die. (Tr. 339).
By definition two or more persons must combine together to commit the crime of conspiracy. It is well established, however, that the conviction of other named members of a conspiracy is not needed to sustain the conviction of one member. One person alone can be convicted of conspiring with persons known or unknown. Rogers v. United States, 340 U.S. 367, 71 S. Ct. 438, 95 L. Ed. 344 (1951); United States v. Fox, 130 F.2d 56 (3d Cir. 1942); United States v. Crum, 404 F. Supp. 1161 (W.D.Pa.1975). Of course, the evidence in such cases must show that there were at least two conspirators. United States v. Gardner, 475 F.2d 1273 (9th Cir. 1974) cert. den. 414 U.S. 835, 94 S. Ct. 178, 38 L. Ed. 2d 70; United States v. Whitfield, 378 F. Supp. 184 (E.D.Pa.1974) aff'd 3 Cir., 515 F.2d 507. Where the evidence of additional conspirators is insubstantial and one of two charged conspirators is acquitted, the conspiracy conviction of the other must fail also. Gardner, supra. Likewise, where one of three conspirators is acquitted by the jury and another by the court in post-trial motions, the third must be acquitted too, where there is no indication in the record of any unindicted co-conspirators. Whitfield, supra. As stated by the United States Supreme Court, "It is impossible in the nature of things for a man to conspire with himself" and conspiracy "imports a corrupt agreement between not less than two with guilty knowledge on the part of each". Morrison v. California, 291 U.S. 82, 54 S. Ct. 281, 78 L. Ed. 664 (1934).
Conversely, the conviction of some alleged conspirators does not fall merely because others named are acquitted, even though the conviction of those acquitted is logically required for the finding of guilty of those held. United States v. Robinson, 503 F.2d 208 (7th Cir. 1974) cert. den. 420 U.S. 949, 95 S. Ct. 1333, 43 L. Ed. 2d 427; U.S. v. Fox, supra; United States v. Austin-Bagley Corp., 31 F.2d 229 (2d Cir. 1929).
The case at bar falls somewhere between these rules. The jury acquitted Patricia Waldman of Count I of the indictment, but convicted only Walter Kruse of conspiracy. With characteristic form, the indictment charges conspiracy not only between the two named defendants, but also as between them and "others to the grand jury unknown". The question, then, is whether there is sufficient evidence of other co-conspirators to allow the conviction of Walter Kruse to stand.
The Third Circuit spoke on this same legal question in Pomerantz v. United States, 51 F.2d 911 (3d Cir. 1931) as follows:
"The claim that the charge of conspiracy collapsed with the acquittal of the other defendants tried with the appellant is unsound, for the reason that the indictment alleges that he and his co-defendants conspired ' with divers other persons unknown ' to commit the crime charged. The testimony supports the charge in the indictment, and is sufficient to prove that unknown persons assisted the appellant in carrying out the conspiracy. Donegan v. United States, 287 F. 641 (C.C.A. 2); Grove v. United States, 3 F.2d 965 (C.C.A. 4). [Emphasis added].