City of St. Louis v. Green
| Decision Date | 20 November 1945 |
| Docket Number | 26614 |
| Parties | CITY OF ST. LOUIS v. GREEN |
| Court | Missouri Court of Appeals |
'Not to be reported in State Reports.'
Louis J. Reidel and Theodore C. Eggers, both of St. Louis, for appellant.
George L. Stemmler, City Counselor, and Wm. Robert Davis, Asst. City Counselor, both of St. Louis, for respondent.
This is a prosecution on an information charging defendant with the violation of Ordinance No. 42,599 of the City of St. Louis. The case went on appeal from the City Court of St. Louis to the St. Louis Court of Criminal Correction. The trial anew in that court, with a jury, which was had on November 16, 1943 resulted in a conviction and the imposition of a fine of $ 50. Defendant appeals.
The ordinance upon which the prosecution is founded, as recited in the information, provides that it shall be unlawful for any person to engage in prostitution, or to aid or abet prostitution, or to procure or solicit any person for the purpose of prostitution with another, or to knowingly accept receive, levy or appropriate any money or other thing of value, without consideration, from the proceeds of the earnings of any woman engaged in prostitution.
The information charges that, in the City of St. Louis, on October 4, 1943, the defendant Zoe Green did then and there engage in prostitution, and did aid and abet prostitution, and did procure or solicit a person for the purpose of prostitution with another, and did knowingly accept, receive, levy or appropriate money or other thing of value, without consideration, from the proceeds of the earnings of a woman engaged in prostitution.
A like prosecution against Frances E. Lauck, on a like information, for the violation of the same ordinance, which went on appeal from the City Court to the Court of Criminal Correction, was tried along with the prosecution against defendant Zoe Green. The jury found defendant Frances E. Lauck not guilty of prostitution, and found defendant Zoe Green guilty of aiding and abetting prostitution.
The evidence shows that on October 4, 1943, defendant Zoe Green, a widow, resided in an apartment of a six-family apartment building, at 4307 Maryland Avenue, and had resided there about four years. This prosecution is based on what transpired on the afternoon of October 4, 1943. The city, to sustain the conviction, relies on the testimony of a police officer, who was assigned to the morality squad. He testified to the effect that his first contact with Mrs. Green was by telephone; that he told her over the phone that his name was Jim and a friend of his by the name of John told him to call her and maybe she would be able to fix him up with a girl, and she said there was no gril there at the time; that he told her he was over on Olive, and she told him he might come by as he was in the neighborhood; that a little later he went to her apartment, which was on the second floor, west side; that when he arrived she took him from the living room into a bedroom and told him the girl would be there in a few minutes; that he waited a few minutes and Miss Lauck came in, and told him she was Frances; that when she came in she was fully dressed, had on street clothes, a suit; that she proceeded to undress, and after some talk about what he was to pay, he revealed his identity, and placed her and Mrs. Green under arrest and took them both to the police station in the regular way.
Frances E. Lauck testified that she was at Mrs. Green's home on October 4th visiting Mrs. Green; that she was sitting in the living room; that the officer came into the living room and asked what she was doing there, and she told him she was visiting Mrs. Green; that she was at the time fully dressed, had on a suit with blouse and coat; that when she told him she was visiting with Mrs. Green he told her to go with him and he went back and talked to Mrs. Green and told both of them they would have to go with him, and he took them to the station in a police car; that she was not in a bedroom at any time while he was there; that the only conversation she had with him was in the living room; that he said nothing to her about intercourse; that nothing was said about any money or anything of the sort; that she did not know what she was charged with when he took her in the police car to the station; that the first she learned that a charge of prostitution was placed against her was at the police station; that she had never been arrested for prostitution or anything else; that she was twenty-four years old; that she was employed at Harvey's restaurant at Union Station as a waitress, and had been regularly employed there for over a year; that the day on which she was arrested was her day off; that she lived at the Kingsway Hotel.
Mrs Green testified that John was a friend of hers who had promised to get her some holiday liquor, and when the officer called up and said he was a friend of John's she was under the impression that he was John's man who wanted to furnish her the liquor; that she had no conversation with him about getting a girl for him; that he did not mention getting a girl; that when he arrived at the apartment quite...
To continue reading
Request your trial