181 F.2d 311 (1st Cir. 1950), 4464, Daigle v. United States

Docket Nº:4464.
Citation:181 F.2d 311
Case Date:April 05, 1950
Court:United States Courts of Appeals, Court of Appeals for the First Circuit

Page 311

181 F.2d 311 (1st Cir. 1950)




No. 4464.

United States Court of Appeals, First Circuit.

April 5, 1950

Page 312

Robert J. Doyle, Nashua, N.H., for appellant.

Robert D. Branch, Asst. U.S. Atty, Concord, N.H. (John J. Sheehan, U.S. Atty., Concord, N.H., on brief), for appellee.

Before MAGRUDER, Chief Judge, WOODBURY, Circuit Judge, and SWEENEY, District Judge.

WOODBURY, Circuit Judge.

This is an appeal from a judgment sentencing the appellant to a term of imprisonment after he had been found guilty by a jury of knowingly transporting and causing to be transported a girl from Manchester, New Hampshire, to Boston, Massachusetts, for an immoral purpose in violation of Sec. 2 of the White Slave Traffic Act, 36 Stat. 825, 18 U.S.C.A. § 398, now 18 U.S.C.A. § 2421. The principal contention on this appeal is that the evidence is not sufficient to support the conviction.

The testimony is conflicting, but from it the jury could well find that the defendant first met the girl involved sometime in 1946 or 1947 when she was about fourteen years old; that from that time on he had sexual intercourse with her on several occasions until just prior to April 23, 1948, when she was committed to the New Hampshire Industrial School in Manchester; that on August 9, 1948, at about 8 o'clock in the morning, the defendant drove up to the vicinity of the school in his car with the girl's brother; that she met them, entered the car at their invitation, and that the defendant then drove them to Lawrence, Massachusetts, where by prearrangement they met a friend of the defendant's who drove them all on to Boston in his car. In Boston the defendant and the girl separated from the others and took a taxicab to a hotel where the defendant engaged a room for the girl, and bought her a meal. Then it appears that the two went to the movies and after that returned to the hotel room where they had sexual intercourse. Following this the two, with other friends who had joined them, went to 'night clubs', and then, leaving the girl at the hotel, the defendant returned to Lawrence to pick up his car and drive to his summer cottage at a New Hampshire beach. A few days later the girl went to Hartford, and from there the defendant at his own expense took her to Georgia where, with her parents' consent, she married a much older man who was a friend, and at that time an employee, of the defendant's.

The defendant did not take the stand, but his counsel in cross-examining the girl, and later by introducing the testimony of members of the girl's family, attempted to show that the girl had planned to escape from the Industrial School because she did not like it, and furthermore, that it was to the defendant's advantage to remove the girl from the State of New Hampshire to prevent her from testifying in criminal proceedings growing out of their previous intimacies then pending against him in that State.

On the basis of the foregoing the defendant contends that there is no legally admissible evidence that the defendant's interstate transportation of the girl was for any immoral purpose defined in the statute. He says that the evidence of his immoral relations with the girl, both before and after the transportation, was inadmissible for the reason that it tended to show the commission of another crime and hence was irrelevant and highly prejudicial, so that, on the only admissible testimony, it could only be found that he transported the girl either for the purpose of removing her from the state to prevent her from giving testimony in the prosecution for statutory rape, or for the purpose of helping her, out of pure good-will, to carry out her plan to escape from the Industrial School; neither purpose being an illegal one so far...

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