Robert Darrell Yeargain v. United States

Appellant appeals from a conviction by the trial court of two counts of violating Section 472 of Title 18 United States Code, uttering counterfeit money. It is undisputed that the money passed in each instance was counterfeit. While some question of identification of the appellant as the “passer” was made below, that point, decided adversely to appellant, is not raised on appeal.

The primary question raised is this:

Is the fact appellant testified he ’“washed” a counterfeit $20 bill (a statement proved false by expert testimony, if the expert was believed) sufficient to permit the jury to infer a guilty knowledge on the part of appellant that the "bills were counterfeit, i. e., that he had .an intent to defraud?

We hold this was a question of fact to be determined by the trier of fact; a determination we will not disturb. Sandez v. United States, 9 Cir., 1956, 239 F.2d 239 . We must view the evidence .and all inferences to be drawn therefrom in the light most favorable to the government. Glasser v. United States, 1942, 315 U.S. 60 , 62 S.Ct. 457 , 86 L.Ed. 680 ; C-O-Two Fire Equip. Co. v. United States, 9 Cir., 1952, 197 F.2d 489 , certiorari denied 344 U.S. 892 , 73 S.Ct. 211…