Molina v. United States
Cases that cite this one
11 later published cases cite this decision.
- United States v. Delgado (5th Cir. 2012)
- United States v. Delgado (5th Cir. 2012)
- United States v. Delgado (5th Cir. 2012)
- Barshop v. United States (5th Cir. 1952)
- United States v. Sirshun Burris (6th Cir. 2021)
- United States v. Robert Johns and Herman Lee Griffin (5th Cir. 1972)
- Gilbert Montemayor Palos v. United States (5th Cir. 1969)
- Byron F. Garrett, E. J. Hardy, and Clarence Foster v. United States (5th Cir. 1966)
- Battle v. United States (D.C. Cir. 1953)
- Thomas v. United States (5th Cir. 1951)
- Lockhart v. United States (4th Cir. 1950)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Indicted for having unlawfully acquired marihuana without having paid the transfer tax imposed thereon by law, defendant was tried to, and convicted by, a jury. Without having moved for a directed verdict, excepted to the charge, or in. any other way challenged the sufficiency of the evidence below, he is here seeking a reversal on the ground that the evidence was insufficient to support the verdict.
It is settled law in the federal courts that an appellate court will not consider the sufficiency of the evidence where the question is not raised in the trial court, unless it is plain that the record is wholly devoid of evidence pointing to guilt and that therefore justice has miscarried, Marco v. United States, 9 Cir., 26 F.2d 315. An examination of this record does not show a miscarriage of justice. On the contrary it shows that there was ample evidence to take the case to the jury, that the trial was without error, and that the judgment should be affirmed.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.