Masse v. United States, 14612.
| Decision Date | 03 May 1954 |
| Docket Number | No. 14612.,14612. |
| Citation | 210 F.2d 418 |
| Parties | MASSE v. UNITED STATES. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Ralph Walter Masse, in pro. per.
Harold J. McAuley, New York City, for appellant.
Hayford O. Enwall, Asst. U. S. Atty., Gainexville, Fla., Harrold Carswell, U. S. Atty., Tallahassee, Fla., for appellee.
Before HUTCHESON, Chief Judge, and HOLMES and BORAH, Circuit Judges.
Writ of Certiorari Denied May 3. 1954. See 74 S.Ct. 711.
The United States, by an indictment in one count, filed on February 11, 1953, charged the defendant (appellant) with having on January 6, 1953, knowingly transported Dorothy Darlene Crosier in interstate commerce from New York City, New York, to Panama City, Florida, for the purpose of debauchery and other immoral purposes in violation of 18 U.S. C. § 2421. The defendant entered a plea of not guilty. The case was tried to a jury, which returned a verdict of guilty. Sentence was imposed upon the verdict, and the defendant has appealed. He asserts that the court should have directed a verdict of acquittal upon the ground that the evidence was insufficient to sustain his conviction, and that errors of law were committed during the trial which entitled him to a reversal.
We shall first discuss the sufficiency of the evidence to support the verdict and judgment, which is presented by the motion for acquittal. In answering that question, we consider only the evidence favorable to the verdict and such reasonable inference as the jury may have drawn therefrom. Affronti v. United States, 8 Cir., 145 F.2d 3; Henderson v. United States, 9 Cir., 143 F.2d 681; Butler v. United States, 7 Cir., 138 F.2d 977.
Special Agent Easterling of the Federal Bureau of Investigation testified that he interviewed the defendant Masse on January 9, 1953, approximately five minutes after he was taken into State custody by the sheriff at Panama City, Florida, on another charge. At that time and prior to any interrogation on his part he advised Masse of his official status and stated that he wanted to talk to him about a possible violation of a Federal law; told him that he did not have to make any statement; that any statement which he did make could be used against him; and that he had a right to consult a lawyer at any time. After this warning Masse was then questioned and voluntarily stated in substance the following. He stated that he was married, the father of three children and that the youngest child was approximately seven months of age; that in April, 1952, a Miss Crosier with whom he had been having sexual relations was upon his suggestion and with his wife's permission brought into their home in Boston, Massachusetts, to help with the children; that he continued to keep company with Miss Crosier and when his wife discovered the situation she became angry and ordered him to leave the house with the two oldest children. That he took Miss Crosier and the two children to her home and people in El Cart, Illinois, and there they held themselves out as man and wife. On or about November 1, 1952, and because of the circulation of news that they were not married they left El Cart and went to Lake City, Florida, where they again represented themselves to be husband and wife. During their two or three weeks stay in Lake City, Masse employed a lawyer and applied for a divorce from his real wife, who had no knowledge as to his whereabouts. On or about December 1, 1952, Masse's father came to Lake City and took Miss Crosier and the two boys back to New York and a week later the defendant went to New York, stayed but a few days, and then brought Miss Crosier and the children back to Florida in his automobile. They arrived at Lake City on New Year's Eve where they again visited in the house of Masse's army friend Willis. Because of certain unexplained difficulties they decided to leave and drive over to Panama City to visit Miss Crosier's cousin, a Miss Smith, where they lived as husband and wife for about three days. The defendant admitted that he had sexual intercourse with Miss Crosier at Miss Smith's home on the night before he was arrested and indicated that he intended to divorce his wife and marry Miss Crosier.
The action of the court in admitting in evidence the verbal confession of Masse is challenged on the ground that the Government had not first laid the predicate for its admission by proving the corpus delicti. We do not at all agree.
The gist of the offense denounced by the statute is the transportation in interstate commerce of "any woman or girl for...
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