United States v. Bobby Andrew Ivory

U.S. Court of Appeals for the Fifth Circuit
United States v. Bobby Andrew Ivory, 468 F.2d 613 (5th Cir. 1972)
1972 U.S. App. LEXIS 6873

United States v. Bobby Andrew Ivory

Opinion

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 *614 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.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Bobby Andrew IVORY, Defendant-Appellant
Cited By
9 cases
Status
Published