The following excerpt is from United States v. King, 373 F.2d 813 (2nd Cir. 1967):
As the res judicata doctrine can have no application to separate counts tried together under a single indictment, United States v. Maybury, 274 F.2d 899 (2 Cir. 1960), the principle reaffirmed in Sealfon does not come into play here.
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