Legal Opinion

Kenneth Fitzpatrick, Herbert Thomas Branch v. United States

Court of Appeals for the Fifth Circuit

Decided April 30, 1969No. 26170_1PublishedCited by 44 opinions

1Opinion of the Court

GODBOLD, Circuit Judge:

A jury found appellants guilty of interstate transportation of a stolen motor vehicle in violation of the Dyer Act, 18 U.S.C. § 2312, and they were sentenced to prison terms of thirty months. We find no merit in several errors asserted. 1 However, we agree with appellants that the evidence presented by the government was insufficient to support the verdict, and, accordingly, we reverse. Since appellants made no motion for judgment of acquittal, we reverse only because allowing these convictions to stand on the record before us would be a manifest miscarriage of justice.…

2Cases cited16 opinions

  1. Glasser v. United StatesSupreme Court of the United States · 1942
  2. Bernardino Chirez Hernandez v. United StatesCourt of Appeals for the Ninth Circuit · 1962
  3. Thomas Eugene Barfield v. United StatesCourt of Appeals for the Fifth Circuit · 1956
  4. Odell Clark v. United StatesCourt of Appeals for the Fifth Circuit · 1961
  5. Herman Roberson v. United StatesCourt of Appeals for the Fifth Circuit · 1958

11 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. United States v. McArthur Edwards, AKA Edwards McArthur and Charles Darnell WardCourt of Appeals for the Fifth Circuit · 1974
  2. United States v. Sterling Blake Davis, Sr., and William McCoy Hill, A/K/A Mike HillCourt of Appeals for the Fifth Circuit · 1978
  3. United States v. John Gordon McGlamoryCourt of Appeals for the Fifth Circuit · 1971
  4. Brown v. StateCourt of Criminal Appeals of Oklahoma · 1971
  5. United States v. PerezCourt of Appeals for the Fifth Circuit · 1976

39 more not listed; retrieve them via the Exa API.

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