243 F.2d 801 (9th Cir. 1957), 15332, Lattanzio v. United States

Docket Nº:15332.
Citation:243 F.2d 801
Party Name:Joseph N. LATTANZIO, Appellant, v. UNITED STATES of America, Appellee.
Case Date:April 22, 1957
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit

Page 801

243 F.2d 801 (9th Cir. 1957)

Joseph N. LATTANZIO, Appellant,

v.

UNITED STATES of America, Appellee.

No. 15332.

United States Court of Appeals, Ninth Circuit.

April 22, 1957

Rehearing Denied June 3, 1957.

John J. Bradley, Los Angeles, Cal., for appellant.

Laughlin E. Waters, U.S. Atty., Louis L. Abbott and Joseph Bender, Los Angeles, Cal., for appellee.

Before STEPHENS, LEMMON and FEE, Circuit Judges.

STEPHENS, Circuit Judge.

Appellant, Joseph N. Lattanzio, was indicted and found guilty by jury of transporting, on or about September 27, 1955, a woman, Ernestine M. Noland, from Los Angeles County, California, within the Central Division of the Southern District of California, to Yerington, Nevada, for prostitution, debauchery and other immoral purposes in violation of Title 18, Section 2421 of the United States Code, commonly referred to as the 'White Slave Traffic Act.'

Two points are raised on this appeal.

Denial of Motions for Judgment of Acquittal.

Appellant argues that his motions for judgment of acquittal, interposed at the end of the government's case and after all the evidence was in, should have been granted. He argues that the evidence was insufficient to warrant submission of the case to the jury.

The woman, Ernestine M. Noland, was known by several aliases, including Teen Howard, Teen O'Neil and Lee Thornton. Teen testified that she had been a prostitute before and after she met Lattanzio, the appellant.

On September 26, 1955, Teen went on a double date, and late in the evening, the two couples went to the 'Keynoter Bar' in Los Angeles. Teen went up to appellant (whom she had not known before) and asked if he was Joe, stating she heard he was at the Town House (the 'house' in Yerington, Nevada) and asked appellant how things were there. Appellant and Teen discussed what the prostitutes were making at the Town House, how much was received by the prostitute and as to other details.

Page 802

Teen testified she and appellant met the next morning and that appellant told her that he was going to Nevada and that appellant called her that morning. Appellant testified that Teen telephoned him the next morning at his parents' home concerning having lunch with him.

It is undisputed that Teen packed up and went to the Town House in Yerington, Nevada, but how she got there is an important issue in the case. Teen's friend, Kathleen Ray Stuart, was present at the apartment Teen occupied with Thomas D. Howard, at the time Teen packed up and left; and the two women moved Teen's bags, clothing and a radio into Miss Stuart's automobile. The two then went to the 'Office Bar' on Vine Street in Hollywood where they were joined by appellant. Teen testified that only general conversation ensued at the bar, while appellant testified Teen told him she was 'having an awful beef' with her 'boy friend' Howard and would like to get away and said to him, 'Do you mind if it appears like I go with you?'

Teen, Miss Stuart and appellant then went to the parking lot, and the women placed Teen's belongings in appellant's car. Miss Stuart testified appellant invited her 'to go along on a trip, ' but that she declined. She also testified that appellant said in a 'jesting' manner:

'Why don't you come along on a trip, come along with us.'

'I (Miss Stuart) said that I am perfectly happy where I am right now.'

Miss Stuart observed the departure of Teen and appellant from the parking lot, and she did not see Teen again for several months.

Thomas D. Howard testified that after the women left his apartment, he walked to the vicinity of the parking lot and saw a car resembling appellant's driven off, that the man driver resembled appellant and that he thought the woman in the car was Teen.

Appellant and Teen testified that after they left the parking lot they went to the...

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