118 F.2d 737 (9th Cir. 1941), 9597, Tedesco v. United States

Docket Nº:9597.
Citation:118 F.2d 737
Case Date:March 26, 1941
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit

Page 737

118 F.2d 737 (9th Cir. 1941)




No. 9597.

United States Court of Appeals, Ninth Circuit.

March 26, 1941

Rehearing Denied May 13, 1941.

Page 738

George Mowry and John Mowry, both of Portland, Or., for appellant.

Carl C. Donaugh, U.S. Atty., and J. Mason Dillard, Asst, U.S. Atty., both of Portland, Or., for appellee.

Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.

GARRECHT, Circuit Judge.

At about the hour of 6:45 p;m; on April 11, 1940, the appellant, a resident in the Palace Hotel in Portland, Oregon, accepted a 'collect' telephone call originating in Seattle, Washington, from a person named 'Kay,' identified as Miss Anne Baker, who was the principal witness in this case. Miss Baker, twenty years of age and a prostitute of more or less experience, after imbibing a 'few drinks,' telephoned Tedesco from an establishment in Seattle known as the Music Hall. She first became acquainted with the appellant more than two years before, while both were staying at the Palace Hotel in Portland, but had left that city and had not seen nor had communication with Tedesco for approximately two years prior to telephoning him. During the interval Miss Baker had resided in Seattle and Alaska and was plying her profession in Everett, Washington, at the time of the telephone call. They conversed for a period of five minutes, in the course of which she told appellant she had just returned from Alaska, desired to return to Portland, and asked him to come to Seattle or Everett to get her, giving him the address and the times at which she would be found in either place, being in Seattle merely on a visit. Tedesco replied that he would either call for her or send someone to do so.

Shortly thereafter, Tedesco telephoned one Frank Petrone, who was not at home, and Tedesco requested that Petrone be asked to return the call, leaving his telephone number. Petrone's sister took the message and relayed it to Frank, who was visiting with a friend. The Petrone and Tedesco families had been next-door neighbors in the east side of Portland for many years, and both appellant and Frank stayed at the same hotel for a time. Petrone telephoned Tedesco and they agreed to meet at a street intersection in the east side of Portland. Each drove his automobile to the appointed place; each was accompanied by a female friend; each alighted from his automobile, met on the sidewalk, walked a short distance and engaged in conversation. According to the Petrone testimony, which is uncontradicted, Tedesco advised him Anne Baker, who was also known to Petrone, had called him from Seattle, saying she was 'broke' and wanted to come to Portland, and Tedesco asked him if he (Petrone) would drive to Seattle to get her. Petrone advised Tedesco that he, too, was 'broke,' and Tedesco authorized him to go to a certain gasoline service station to fill the tank of his car, get $5 from the service station attendant and charge Tedesco's account. Tedesco also furnished Petrone with the addresses which had been given him by the girl. Petrone induced a friend to go with him, filled the gasoline tank of his car at the service station designated, procured the $5 from the attendant and told the latter to charge the amounts to Tedesco. The attendant did not, however, charge Tedesco's account, but charged Petrone instead, and Petrone paid the bill a few days later. After securing the gasoline and the money, at about 11:00 p.m. Frank Petrone, accompanied by the friend, started to drive to Seattle, at which city they arrived some time after 2:00 a.m. the following day. The Music Hall was closed; so they drove on to Everett, about thirty miles distant, arriving there at about 3:00 a.m. Petrone drove into a service station, inquired for the 'Joyce Hotel,' which address had been given him by Tedesco, and was informed there was no such hotel in Everett. Across the street was the George Hotel; so Petrone and his companion entered, registered for a room to spend the remainder of the night, and then inquired of the clerk if a girl named Anne Baker resided there. Upon receiving an affirmative answer, the girl was called; shortly thereafter she came to the lobby; she and Petrone recognized one another and engaged in friendly conversation, and he told her Tedesco had sent him. The three left Everett at about 7:30 a.m., and Miss Baker and Petrone arrived in Portland at about 1:30 or 2:00 p.m. and went directly to the Palace Hotel and to Tedesco's room. Petrone's friend, the other passenger, left the...

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