612 F.2d 507 (10th Cir. 1980), 78-1730, United States v. Ahern

Docket Nº:78-1730, 78-1731.
Citation:612 F.2d 507
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. John Joseph AHERN and Carl Eugene Hines, Defendants-Appellants.
Case Date:January 03, 1980
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit
 
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Page 507

612 F.2d 507 (10th Cir. 1980)

UNITED STATES of America, Plaintiff-Appellee,

v.

John Joseph AHERN and Carl Eugene Hines, Defendants-Appellants.

Nos. 78-1730, 78-1731.

United States Court of Appeals, Tenth Circuit

January 3, 1980

Argued Sept. 12, 1979.

Page 508

James E. Edmondson, Asst. U. S. Atty., Muskogee, Okl. (Julian K. Fite, U. S. Atty., Muskogee, Okl., on brief), for plaintiff-appellee.

James D. Wadley, McAlester, Okl. (Gene Stipe of Stipe, Gossett, Stipe, Harper & Estes, McAlester, Okl., on brief), for defendants-appellants.

Before McWILLIAMS, BREITENSTEIN and LOGAN, Circuit Judges.

McWILLIAMS, Circuit Judge.

Ahern and Hines were each convicted by a jury on charges of conspiracy, 18 U.S.C. § 371, violation of the Mann Act, 18 U.S.C. § 2421, and violation of the Travel Act, 18 U.S.C. § 1952(a)(3). On appeal both defendants raise essentially the same matter: (1) permitting the wives of the two defendants to testify against the defendants over the latters' objections; (2) refusal of the district court to grant a new trial when a prosecution witness, Connie Reese Hines, wife of the defendant Hines, recanted certain testimony given by her at trial; (3) admission of evidence tending to show the commission by Hines of other offenses than the ones charged; and (4) the alleged insufficiency of the evidence to sustain a conviction as to either defendant. We find no error, and affirm.

Connie Reese and her sister, Marilyn Reese, were presumably married at some point in time to defendants Hines and Ahern respectively. Connie and Marilyn each testified that Ahern and Hines transported them from Madill, Oklahoma, to Little Rock, Arkansas to work as prostitutes, and that they did in fact engage in prostitution in Little Rock, Arkansas, turning the proceeds gained from their endeavors over to the defendants. The Government called some five additional witnesses. At the conclusion of the Government's case, the defense also rested, not calling any witnesses. Without detailing the sordid story, it is sufficient to state that the evidence is amply sufficient to support the convictions of the two defendants.

As indicated, Connie Reese Hines and Marilyn Reese Ahern testified as Government witnesses. Objection was made to their testimony on the ground that such violated the husband-wife marital privilege. This objection was overruled and the two were...

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