United States v. Bobby Andrew Ivory

468 F.2d 613, 1972 U.S. App. LEXIS 6873

• Court: Court of Appeals for the Fifth Circuit
• Decided: November 3, 1972
• Docket: 72-2368
• Status: Published

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 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.