402 F.2d 792 | 5th Cir. | 1968
Lead Opinion
In this appeal from conviction of five separate counts contained in two indictments charging violation of Title 18 U. S.C.A. §§ 500 and 641, appellant raises eight questions of procedural and substantive law. Specifically, he was convicted on four counts of making, forging and counterfeiting money orders and on one count of retaining and concealing stolen money orders. We have carefully reviewed the record and find each of the issues preserved for appeal to be without merit.
Contrary to the contention of appellant, the evidence was amply sufficient to support the verdict. Venue was proper. Dupoint v. United States (5th Cir., 1967), 388 F.2d 39. The evidence that appellant passed and forged other money orders was admissible to show identity and pattern. Sutton v. United States (5th Cir., 1968), 391 F.2d 592; Gifford v. United States (5th Cir., 1958), 261 F.2d 825. The search was based on probable cause and was valid from its inception. The admission into evidence of Theriault’s statement was
Theriault received a fair and impartial trial at the hands of the Court and jury. No error appearing, the judgment of conviction is affirmed.
Rehearing
ON PETITION FOR REHEARING EN BANC
The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied.
