UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
BOBBY ANDREW IVORY, DEFENDANT-APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
BOBBY ANDREW IVORY, DEFENDANT-APPELLANT
468 F.2d 613
Court of Appeals for the Fifth Circuit (1972)
Positive Treatment
Cited by 14 cases
Opinion of the Court
PER CURIAM:
Ivory appeals from a judgment of conviction on two counts entered on a jury verdict of guilty of passing and possessing counterfeit money in violation of 18 U.S.C.A. § 472. Without having moved for a judgment of acquittal in the district court, Ivory seeks reversal on the ground that the evidence was insufficient to warrant a conviction under either count. We affirm.
In a long unbroken line of cases, United States v. Hopkins, 5 Cir. 1972, 458 F. 2d 1353, being the most recent, we have adhered to the principle that “[i]n such a case our review of the sufficiency of the evidence is limited to a determination of whether there has occurred a ‘manifest miscarriage of jus tice.’ We have held that such a miscarriage would exist only if it appears that the record is ‘devoid of evidence pointing to guilt.’ ” Id. at 1354 (footnotes omitted).
The evidence before the jury in this case not only pointed to guilt, it was overwhelming.
Affirmed.
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United States v. Robles-Pantoja, 887 F.2d 1250 (5th Cir. 1989)
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United States v. Nestor Ruiz, Jr., 860 F.2d 615 (5th Cir. 1988)
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United States v. Munoz-Romo, 947 F.2d 170 (5th Cir. 1991)
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- United States v. Arvil Sutton Hopkins, 458 F.2d 1353 (5th Cir. 1972)