Brenner did not make a motion for a judgment of acquittal at the close of his trial at law; the court therefore stated that it would review that conviction under the standard of plain error. Brenner’s optimism in the jury’s verdict was misplaced. Both parties in the criminal suit agreed not to make a request for a special verdict. The general verdict returned by the jury against the defendant was a conviction for armed assault.
There was sufficient evidence on the record in this case to support the verdict under the law by the jury. Brenner’s car had been used to commit the assault, a man of Brenner's height and build was seen in the area, and Brenner was recognized by one of the parties. There is no evidence supporting Brenner's contention that a third party was involved. The jury found the evidence sufficient to for a conviction for armed assault. On appeal the court in this case found in favor of the United States and upheld the jury’s verdict.