250 F.2d 585 (8th Cir. 1958), 15794, Picciurro v. United States

Docket Nº:15794, 15795.
Citation:250 F.2d 585
Party Name:Leonard PICCIURRO, true name Dominic Frank Picciurro, Appellant, v. UNITED STATES of America, Appellee (two cases).
Case Date:January 08, 1958
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 585

250 F.2d 585 (8th Cir. 1958)

Leonard PICCIURRO, true name Dominic Frank Picciurro, Appellant,

v.

UNITED STATES of America, Appellee (two cases).

Nos. 15794, 15795.

United States Court of Appeals, Eighth Circuit.

January 8, 1958

Rehearing Denied Feb. 10, 1958.

Page 586

Kenneth J. Ehlenbach and Charles M. Hanratty, Milwaukee, Wis., for appellant.

George E. MacKinnon, U.S. Atty., St. Paul, Minn. (Hyam Segell, Asst. U.S. Atty., St. Paul, Minn., on the brief), for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and VOGEL, Circuit Judges.

GARDNER, Chief Judge.

Leonard Picciurro, Shirley Frances Picciurro and Charles Lipscomb were charged in two indictments, the first of which charged them with conspiring together and with each other to persuade, induce, entice and coerce a woman to travel in interstate commerce from Minneapolis, Minnesota, to Menomonee Falls, Wisconsin, for the purpose of prostitution, debauchery and other immoral practices in violation of Title 18 United States Code, Section 371. Eight overt acts were charged. The second indictment contained two counts. The first count charged them with unlawfully persuading, inducing, enticing and coercing a woman to travel in interstate commerce by railroad train from Minneapolis, Minnesota, to Milwaukee, Wisconsin, for the purpose of prostitution, debauchery and other immoral practices in violation of Title 18 United States Code, Sections 2422 and 2 and the second count charged them with persuading, inducing, enticing and coercing a woman to travel in interstate commerce by airplane from Minneapolis, Minnesota, to Milwaukee, Wisconsin, for purposes of prostitution, debauchery and other immoral practices, also in violation of Title 18 United States Code, Sections 2422 and 2. The actions were consolidated for purposes of trial.

Shirley Picciurro and Charles Lipscomb who were charged jointly with appellant pleaded guilty and thereafter the action proceeded to trial against appellant alone. We shall refer to appellant as defendant.

At the times of the alleged commission of the various counts of the indictments Shirley Picciurro was the wife of defendant but on October 18, 1956, she was divorced so that at the time of filing of the indictments and at the time of the trial the relationship of husband and wife no longer existed between Shirley Picciurro and defendant.

There was evidence introduced by the government tending to prove that defendant and one Rosario Gagliano, who was known as Joe Gag, purchased Club 166 at Menomonee Falls, Wisconsin, which is a suburb of Milwaukee, in the year 1954, and thereafter the business was operated and owned by the defendant and Joe Gag. The club was a white frame building, rather large, with a bar and dining room downstairs and separate rooms upstairs, including a bath and kitchen. In May of 1956 it was decided by the defendant and his partner to have prostitutes working at the club. Shirley Picciurro testified that the first conversation between herself and defendant concerning the hiring of prostitutes took place in May, 1956, in the presence of Joe Gag and that at that time it was agreed that they would have prostitutes working there. Subsequently there were conversations between herself and defendant in the presence of Joe Gag to the effect that if while Shirley was absent from the club she ran into a prostitute that would be suitable for the club she should contact the defendant and discuss whether they should hire her. On or about July 10, 1956, Shirley came to St. Paul, Minnesota. Prior to her leaving Menomonee Falls she again discussed the prospect of hiring a prostitute for Club 166 with defendant and Joe Gag in the event that she ran across anyone who was interested in such a job. It was decided that if she did find someone that she should call defendant. Shirley was in St. Paul approximately a week and a half before she met one Gretta Cotier. At the time of her first meeting Gretta was with one Ronnie Campbell, a known prostitute, and Charles Lipscomb who was acting as her panderer. Lipscomb inquired of Shirley whether Club 166 was a place of prostitution and when told

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that it was asked if Gretta could get a job there. In accordance with defendant's instructions Shirley called defendant two or three days after her conversation with Lipscomb. After so telephoning defendant Shirley told Gretta that it was all right for her to go to Menomonee Falls and they made arrangements to go by train on approximately July 24, 1956. Shirley was supposed to purchase the ticket for Gretta's transportation but forgot the money at her mother's house and as a result they missed the train that they planned to take. Shirley subsequently tried to call defendant to advise him of this fact but she was unable to reach him and finally called the daughter of the bartender at Club 166 and told her to tell defendant that he should...

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