United States of America, Plaintiff-appellee, v. Bobby Andrew Ivory, Defendant-appellant, 468 F.2d 613 (5th Cir. 1972)

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US Court of Appeals for the Fifth Circuit - 468 F.2d 613 (5th Cir. 1972) Nov. 3, 1972

M. Howard Williams, Tallahassee, Fla., for defendant-appellant.

William H. Stafford, Jr., U. S. Atty., Pensacola, Fla., Stewart J. Carrouth, Asst. U. S. Atty., Tallahassee, Fla., for plaintiff-appellee.

Before BELL, DYER and CLARK, Circuit Judges.


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. Sec. 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 justice.' 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.



Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Company of New York et al., 5 Cir. 1970, 431 F.2d 409, Part I