81 F.2d 910 | 3rd Cir. | 1936
The classification of facts into evidentiary and ultimate is helpful. The latter are inferences from the former. They are truths as distinguished from facts. There is here no controversy over the evidentiary facts. The sole question is whether they warrant, with that degree of certainty which the law requires, the inference of guilt charged in the indictment. The jury, as the trier, found guilt. The trial judge gave effect to the verdict by entering judgment upon it and imposing sentence. The only error assigned is in not directing a verdict of not guilty and in entering judgment upon the verdict of guilt. The indictment charges by the first count the unlawful possession of counterfeit money with intent to pass it; in the second count, with unlawfully passing it; other counts are enumerations of specific instances of such passing; and the final count is the charge of a conspiracy to so do. There was no evidence that this defendant had individual personal possession of the counterfeit money nor that he personally and individually passed any. There were, however, abundant evidentiary facts in evidence, the significance of which was for the jury to appraise. They fully warranted the finding that the plan was for all the defendants to go together on the common venture of passing counterfeit money. They traveled by automobile, Freeman provided the car and was to figure as its driver and be the holding purse for all the money and things for which the counterfeits were exchanged. The circumstance, which has been much stressed, that the good money and effects
The assignments of error are overruled, and the judgment of conviction and sentence are affirmed, with directions that the sentence be carried into execution.
