90 F.2d 988 (10th Cir. 1937), 1505, Baish v. United States

Docket Nº:1505.
Citation:90 F.2d 988
Case Date:June 21, 1937
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit

Page 988

90 F.2d 988 (10th Cir. 1937)




No. 1505.

United States Court of Appeals, Tenth Circuit.

June 21, 1937

Page 989

James T. Burke, of Denver, Colo. (Jean S. Breitenstein, of Denver, Colo., on the brief, for appellant.

David H. Morris, Asst. U.S. Atty., of Denver, Colo. (Thomas J. Morrissey, U.S. Atty., of Denver, Colo., on the brief), for the United States.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

BRATTON, Circuit Judge.

An indictment was returned against Richard Forgino, Arthur Baish, and Marie Baish charging that in February, 1936, they transported, and aided and assisted in the transportation of, Rose Forgino from Denver, Colo., to Laramie, Wyo., for the purpose of having her engage in prostitution in violation of the act approved June 25, 1910 (section 2, 18 U.S.C.A. § 398). All of them were found guilty. Marie Baish prosecutes this appeal alone.

The sufficiency of the evidence to support the judgment is challenged. There was testimony establishing these facts. The prosecuting witness and Richard Forgino were married in Colorado in June, 1935, she being only seventeen years of age at the time. They went to Cheyenne, Wyo., the following day. He took her to a house of prostitution there, told her that he needed some money, and introduced her to the woman conducting the house. She obtained a certificate from a physician, engaged in prostitution two days, and gave the money earned to her husband. She was then placed in jail and, after being released, they returned to Colorado. Appellant conducted the Osage Rooms in Colorado Springs. The prosecuting witness met her and Arthur Baish there some time after returning to Cheyenne. The prosecuting witness told appellant that she was looking for a place to work. Appellant replied that she might have it, introduced her to another girl in the house, and assigned her to a room. She engaged in prostitution there four days, and gave the money earned to appellant. She told appellant her age, and in response appellant advised her to tell everybody that she was twenty-one years old. She later returned to the home of her mother, and next saw appellant on or about February 10, 1936. She was in jail in Denver at the time and appellant came there. Appellant said that she had closed her place in Colorado Springs and was living at Laramie; that she had an eleven-room hotel and would...

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