Levine v. United States, 11994.

Decision Date23 October 1947
Docket NumberNo. 11994.,11994.
PartiesLEVINE v. UNITED STATES.
CourtU.S. Court of Appeals — Fifth Circuit

Aaron Kravitch, of Savannah, Ga., for appellant.

J. Saxton Daniel, U. S. Atty., and Green B. Everitt, Asst. U. S. Atty., both of Savannah, Ga., and T. Reuben Burnside, Asst. U. S. Atty., of Augusta, Ga., for appellee.

Before HUTCHESON, McCORD, and WALLER, Circuit Judges.

PER CURIAM.

Convicted of having transported a woman from Mobile, Alabama, to Savannah, Georgia, for the purpose of prostitution and debauchery, and sentenced to five years in the penitentiary, the defendant has appealed, making three points against the judgment: (1) That the evidence was insufficient to support the verdict, (2) that his wife was incompetent to testify against him, and her testimony on which defendant was convicted was inadmissible, and (3) that the court erred in refusing defendant's requests to charge.

On the first and second points, it is sufficient to say that the evidence given by defendant's wife, the instrument and victim of his debauching activities, was amply sufficient, if believed, to sustain the verdict, and that it is not an open question in this court that a wife in such a case is a competent witness against her husband.1 Appellant stands no better on his complaint that in refusing his requests to charge the court committed reversible error. The requested charge, that appellant's wife was an accomplice and her evidence must be considered in the light of that fact, was properly refused.2 As to the requested charge defining the elements of the offense, there was no error in declining to give it both because the general charge was sufficient and because it was in substance given on defendant's request made at the conclusion of the general charge.

No reversible error appearing, the judgment is affirmed.

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6 cases
  • United States v. Lutwak
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • 16 Abril 1952
    ...108, rehearing denied 322 U.S. 768, 64 S.Ct. 1052, 88 L.Ed. 1594; United States v. Williams, D.C.Minn., 55 F.Supp. 375; Levine v. United States, 5 Cir., 163 F.2d 992; Hayes v. United States, 10 Cir., 168 F.2d 996, Cf. also Wilhoit v. Hiatt, D.C.Pa., 60 F.Supp. "Yoder v. United States, 10 Ci......
  • Wyatt v. United States, 119
    • United States
    • U.S. Supreme Court
    • 16 Mayo 1960
    ...assume that he had. 263 F.2d 304, 308. We accept that assumption. 2. United States v. Mitchell, 2 Cir., 137 F.2d 1006; Levine v. United States, 5 Cir., 163 F.2d 992; Shores v. United States, 8 Cir., 174 F.2d 838, 11 A.L.R.2d 635, overruling Johnson v. United States, 8 Cir., 221 F. 250; Papp......
  • Wyatt v. United States
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 18 Febrero 1959
    ...States v. Williams, D.C.Minn. 1944, 55 F.Supp. 375, 380; Wilhoit v. Hiatt, D.C.M.D.Pa.1945, 60 F.Supp. 664, 665; Levine v. United States, 5 Cir., 1947, 163 F.2d 992; Hayes v. United States, 10 Cir., 1948, 168 F.2d 996, 997; Shores v. United States, 8 Cir., 1949, 174 F.2d 838, 839-841; Annot......
  • Alford v. Territory of Hawaii, 13519.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 29 Junio 1953
    ...1943, 137 F.2d 1006, affirmed on rehearing 138 F.2d 831, certiorari denied 321 U.S. 794, 64 S.Ct. 785, 88 L.Ed. 1083; Levine v. United States, 5 Cir., 1947, 163 F.2d 992; Hayes v. United States, 10 Cir., 1948, 168 F.2d 996; Shores v. United States, 8 Cir., 1949, 174 F.2d 838, 11 A.L.R.2d 63......
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