105 F.2d 688 (8th Cir. 1939), 11384, Neff v. United States

Docket Nº:11384.
Citation:105 F.2d 688
Party Name:NEFF v. UNITED STATES.
Case Date:August 01, 1939
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 688

105 F.2d 688 (8th Cir. 1939)

NEFF

v.

UNITED STATES.

No. 11384.

United States Court of Appeals, Eighth Circuit.

August 1, 1939

Page 689

G. P. Linville, of Cedar Rapids, Iowa, for appellant.

William B. Danforth, Asst. U.S. Atty., of Mason City, Iowa (Edward G. Dunn, U.S. Atty., of Mason City, Iowa, on the brief), for the United States.

Before GARDNER and THOMAS, Circuit Judges, and WYMAN, District Judge.

WYMAN, District Judge.

The appellant, Claire R. Neff, was convicted under count one of an indictment which charged him with a violation of Sec. 398, Title 18 U.S.C.A., commonly known as the Mann Act, and brings the case to this court by appeal from the judgment entered upon such conviction. For the sake of convenience the parties will be hereinafter referred to as plaintiff and defendant, as in the court below.

The appeal is based upon alleged error on the part of the trial court in the admission, over timely objections by the defendant, of certain evidence as to the appearance of the prosecuting witness and the condition of her clothing some hours subsequent to the commission of the offense, and certain other evidence tending to show that the defendant had upon two other occasions attempted to induce other girls to indulge in sexual intercourse with him.

The evidence presented on the part of the plaintiff was to the effect that the prosecuting witness, Bettie Hanson, first saw the defendant, Neff, driving an automobile on the streets of Decorah, Iowa, at about 4:30 or 5 o'clock on the afternoon of

Page 690

February 17th, 1938; that later the same day she saw him again and had some conversation with him at Decorah, Iowa, at which time he took her into his automobile and drove to a picnic ground in the state of Iowa some few miles from the city of Decorah; that the parties stayed at the picnic ground for some time and during that trip and while at the picnic ground the defendant repeatedly attempted to induce the prosecuting witness to submit to sexual intercourse with him, but without success; that upon leaving the picnic ground the defendant turned his car north on Highway 52 and drove to Rochester, in the state of Minnesota, and that at some point on Highway 52, after the car had turned north (whether it was in the state of Iowa or the state of Minnesota does not appear), the defendant told the prosecuting witness that he was going to have sexual intercourse with her; that they arrived at Rochester, Minnesota, about 8:30 o'clock in the evening of February 17th, 1938, and drove in the city and its vicinity until about 2 o'clock in the morning of February 18th; that during the time said parties were in Rochester, Minnesota, the defendant, upon several occasions, left the said Bettie Hanson alone in the car while he went into a night club, a filling station, and the Kahler Hotel, and while they were driving in and about the city of Rochester the defendant repeatedly endeavored to induce the said Bettie Hanson to submit to sexual intercourse with him, but without avail; that on the way from Rochester back to Decorah, Iowa, at some time subsequent to the hour of 2 o'clock in the morning of February 18th, 1938, at a point on Highway 52, about three miles from the town of Marion, Minnesota, the defendant and the prosecuting witness, Bettie Hanson, indulged in the act of sexual...

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