16 F.2d 833 (8th Cir. 1927), 7147, Drossos v. United States

Docket Nº:7147.
Citation:16 F.2d 833
Case Date:January 03, 1927
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit

Page 833

16 F.2d 833 (8th Cir. 1927)




No. 7147.

United States Court of Appeals, Eighth Circuit.

January 3, 1927

F. W. James, of Salt Lake City, Utah (John D. Rice, of Salt Lake City, Utah, on the brief), for plaintiff in error.

Edward M. Morrissey, Asst. U.S. Atty., of Salt Lake City, Utah (Charles M. Morris, 7.S. Atty., and J. K. Smith, Asst. U.S. Atty., both of Salt Lake City, Utah, on the brief), for the United States.

Before LEWIS, Circuit Judge, and MUNGER and FARIS, District Judges.

LEWIS, Circuit Judge.

Plaintiff in error was convicted for violation of the Act of June 25, 1910 (36 Stat. 825; Comp. Stat. Sec. 8813), for that he procured railroad tickets from the City of Salt Lake, Utah, to the City of Anaconda, Montana, which tickets were to be used and were used by Mrs. Panagoula Georgopoulos (and himself) in going in interstate commerce from Salt Lake City to Anaconda for the purpose of prostitution and debauchery.

Exceptions were saved to instructions given by the court and to the refusal of the court to give those requested by the defendant; and the action of the court in those respects is assigned as error. The evidence in the case is brief, and that part of it on the point to which the instructions given and those denied had reference and were bottomed is summarized thus: Mrs. Georgopoulos resided in Salt Lake City with her husband, he was abusive of her and their three children and his assaults on her were severe, she knew Drossos, he had lived with the Georgopoulos family for awhile, on the morning of June 23, 1923, the woman's husband told her that if she was in the house when he returned he would kill her, she was afraid and left the house with one of her children, sh met the defendant and told him her troubles, he advised her to go back home but she told him she intended to kill herself and her little girl, whom she had with her, she wanted him to take her away and said if he would do so she would marry him, she said they would go to Butte, Montana, where they could get married, he bought the tickets and they went together from Salt Lake City to Butte, where they remained four or five days, the little girl was with them, they went from Butte to Anaconda, arriving at Anaconda he went to the court house to get a marriage license, the clerk told him to see the county attorney, he talked to the county attorney, who told...

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