UNITED STATES v. MUSQUIZ

No. 71-1260 Summary Calendar.

445 F.2d 963 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Esmael Gonzales MUSQUIZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 15, 1971.


Attorney(s) appearing for the Case

James R. Gillespie, San Antonio, Tex., for defendant-appellant.

Seagal V. Wheatley, U. S. Atty., Henry J. Novak, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.


THORNBERRY, Circuit Judge:

In this direct appeal from a conviction for passing and publishing as true three counterfeit ten dollar bills in violation of 18 U.S.C.A. § 472, we find, after studying the Record in its entirety, that appellant Musquiz' conviction must be reversed for lack of evidence to support the jury verdict.

The only evidence presented by the Government in its case in chief that linked appellant to the crime charged was the proffered in...

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