In what circumstances will a jury be able to acquit appellants on the charge of conspiracy to pervert the course of justice?

Appellants' main objection to the charge in this respect is that the trial court refused to instruct the jury that they must acquit appellants if they found two conspiracies rather than the one charged. Appellants argue that the court's failure to charge as requested made it likely that the jury would return a guilty verdict even if they found two conspiracies. However, an examination of the entire charge satisfies us that this claim is without merit. The court stressed that the government alleged a single conspiracy, and added that the government must show that each defendant was a knowing part of it. Moreover, this case presented a relatively simple factual pattern which is not likely to have confused the jury. We find no basis for believing that the jury thought that it might convict if it found multiple conspiracies. While it is better practice to instruct the jury that they must acquit if they find multiple conspiracies when only one conspiracy is charged, we hold that the failure to do so here was not reversible error. See United States v. Aiken, 373 F.2d 294, 299 (2 Cir.), cert. denied, 389 U.S. 833 (1967).

Affirmed.