United States of America, Plaintiff-Appellee, v. John James Wendt, Defendant-Appellant. No. 72-1568. Summary Calendar. [Fn*], 463 F.2d 202 (5th Cir. 1972)
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D. Freeman Hutton, Atlanta, Ga., for defendant-appellant.
John W. Stokes, U.S. Atty., Eugene A. Medori, Jr., Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellee.
Appeal from the United States District Court for the Northern District of Georgia.
Before BELL, DYER and CLARK, Circuit Judges.
PER CURIAM:
Wendt appeals from a judgment entered upon a jury verdict of guilty of interstate transportation of a stolen motor vehicle in violation of 18 U.S.C.A. § 2312. We find his contentions that there is insufficient evidence to convict and that the court erroneously failed to give a cautionary instruction contemporaneously with the admission of evidence of a prior conviction to be without merit and affirm.
No motion for a judgment of acquittal was made by Wendt. The question of the sufficiency of the evidence was thus not preserved for appellate review absent a manifest miscarriage of justice. United States v. McGlamory, 5 Cir. 1971, 441 F.2d 130; United States v. Penner, 5 Cir. 1970, 425 F.2d 729. We find none here. On the contrary, the evidence of Wendt's guilt is overwhelming.
Wendt concedes, as he must, that it is proper to impeach the credibility of a defendant by showing prior convictions. United States v. Bland, 5 Cir. 1970,
Affirmed.
[fn*] Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir. 1970, 431 F.2d 409, Part I.
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This document cites
- U.S. Court of Appeals for the Fifth Circuit - United States of America, Plaintiff-Appellee, v. Stephen Penner, Defendant-Appellant., 425 F.2d 729 (5th Cir. 1970)
- U.S. Court of Appeals for the Fifth Circuit - United States of America, Plaintiff-Appellee, v. Russell Justice, Defendant-Appellant., 431 F.2d 30 (5th Cir. 1970)
- U.S. Court of Appeals for the Fifth Circuit - Isbell Enterprises, Inc., Plaintiff, v. Citizens Casualty Co. of New York, Defendant-Third Party Plaintiff-Appellant, v. Marine Mart, Inc., Third Party Defendant-Appellee., 431 F.2d 409 (5th Cir. 1970)
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