United States v. Gary Lee McCall

We affirm the conviction for possession of counterfeit money with intent to defraud.

McCall attempted to pay for a restaurant meal with what appeared to be a $100 counterfeit bill. A suspicious restaurant manager called police. An officer arrived, examined the bill and told McCall that it was counterfeit.

He asked McCall how he had obtained it, and asked whether McCall had others. Appellant explained that he had received the bill when he cashed his payroll check, and that he had no others. A search of McCall’s clothing produced $257 in lawful currency in one pocket and two counterfeit $100 bills in another.

McCall later admitted that he had had six $100 bills, which he claimed he had found near a bar. He said that he had previously purchased goods at several stores with three of the notes, but denied knowing at those times that they were counterfeit.

McCall was indicted on four counts of uttering counterfeit bills and one count of possession. During the jury deliberations, the jury sent a note to the judge asking clarification of one element of the possession charge. The judge, in response, reread his original instructions.

McCall was acquitted on the four uttering counts and…