Opinion
No. 72-2368. Summary Calendar.
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.
November 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.
Appeal from the United States District Court for the Northern District of Florida.
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. § 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.
Affirmed.