Does the court's failure to include in its charge that each defendant must be shown solely by his own acts and deeds error in determining whether or not he knowingly joined a conspiracy?

Neither was the court's failure to include in its charge a specific statement that each defendant's participation in the conspiracy must be shown solely by his own acts and deeds error. We have held that in a conspiracy case the court must make a preliminary determination whether, if the testimony of the government witnesses is accepted as true, each defendant's own acts and statements show a connection with the conspiracy sufficient to justify the admission of the acts and statements of co-conspirators against him. United States v. Stromberg, 268 F.2d 256 (2d Cir.), cert. denied, 361 U.S. 863, 80 S.Ct. 119, 4 L.Ed.2d 102 (1959); United States v. Ragland, 375 F.2d 471 (2d Cir.1967), cert. denied, 390 U.S. 925, 88 S.Ct. 860, 19 L.Ed.2d 987 (1968). Once the judge has made such a determination, as he did in this case by denying a motion for acquittal on the conspiracy

[419 F.2d 89]

count, the jury may consider the acts and declarations of co-conspirators made in furtherance of the common scheme in determining whether the elements of the crime of conspiracy, including purposeful entry into the conspiracy, are present.

[419 F.2d 89]

Therefore, that portion of the court's instructions which charged, "in determining whether or not the defendant knowingly joined a conspiracy, you should examine and consider all the evidence in the case," was entirely proper. United States v. Nuccio, 373 F.2d 168, 173 (2d Cir.), cert. denied, 387 U.S. 906, 87 S.Ct. 1688, 18 L.Ed.2d 623 (1965).