What is the test for res judicata?

MultiRegion, United States of America

The following excerpt is from United States v. Zane, 495 F.2d 683 (2nd Cir. 1974):

It is equally clear that the principle of res judicata recognized in Sealfon v. United States in the setting of separate prosecutions has no application to the inconsistent verdicts on counts tried together under a single indictment. United States v. King, 373 F.2d 813 (2d Cir.), cert. denied, 389 U.S. 881, 88 S.Ct. 120, 19 L.Ed.2d 174 (1967); United States v. Marcone, 275 F.2d 205 (2d Cir.), cert. denied, 362 U.S. 963, 80 S.Ct. 879, 4 L.Ed.2d 877 (1960).

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