Poindexter v. United States, 12595.
| Decision Date | 13 December 1943 |
| Docket Number | No. 12595.,12595. |
| Citation | 139 F.2d 158 |
| Parties | POINDEXTER v. UNITED STATES. |
| Court | U.S. Court of Appeals — Eighth Circuit |
G. C. Hardin, of Ft. Smith, Ark., for appellant.
Philip G. Alston, Asst. U.S. Atty., of Fort Smith, Ark. (Clinton R. Barry, U.S. Atty., of Fort Smith, Ark., and Nelson H. Sadler, Asst. U.S. Atty., of Van Buren, Ark., on the brief), for appellee.
Before SANBORN, WOODROUGH, and RIDDICK, Circuit Judges.
The appellant was tried and convicted upon two indictments predicated upon the same transactions and consolidated for trial, one charging violation of the Mann Act, 18 U.S.C.A. § 398, and the other charging violation of the Federal Kidnapping Act, 18 U.S.C.A. § 408a, to both of which he had plead not guilty.
The first indictment charged that on or about the 4th day of January, 1943, appellant transported in interstate commerce from the City of Fort Smith in the State of Arkansas to a point in the vicinity of Muldrow, Sequoyah County, Oklahoma, one Mary Hanes, a female person, for the purpose of inducing, enticing and compelling her to engage in immoral practices. The second indictment charged that on or about the 4th day of January, 1943, appellant transported the same Mary Hanes in interstate commerce between the same points for the purpose of raping her. It contained allegations, in the words of the statute, that Mary Hanes had been unlawfully "seized, confined, inveigled, decoyed, kidnapped, abducted, and carried away" for the purpose of rape, and that the means used had been false representation made to her by appellant that he had come to her home for the purpose of carrying her to the house of her father, R. W. Hanes, located in Fort Smith, so that she might see one Clarence Metheny. It was further alleged that appellant by these false representations induced Mary Hanes to accompany him to a point in the vicinity of Muldrow, Oklahoma, where he raped her, and that this was the purpose of his inducing her to accompany him.
Appellant was sentenced to five years imprisonment on the first, and to seven and one-half years imprisonment on the second indictment, to be served consecutively, and has appealed. He asserts (1) that the evidence was insufficient, (2) that instructions given to the jury were erroneous, and (3) that testimony was erroneously admitted by the court.
(1) It is unquestioned that at the time of the occurrences here involved appellant was a married man, about 37 years old, and Mary Hanes was a girl under sixteen years of age, living with her aunt at 1718 South "Z" Street in Fort Smith. On the night of the 4th of January, 1943, appellant went to the house in his automobile, induced Mary Hanes to enter his automobile and drove her in the automobile across the state line into Oklahoma. She did not return until the next day after noon. Immediately after her return, she was examined by a physician who testified to indications of sexual intercourse which he found upon her and gave his opinion "that the girl had not had previous intercourse." There was substantial evidence that on the night in question appellant induced Mary Hanes to enter his car and go with him by making false and deceptive representations that he was taking her to see one Clarence Metheny, as charged in the indictment, and that she was induced to remain in the car and be driven out of town and across the river into Oklahoma upon repetition of the same false representations made to her by appellant. That after appellant had lured the girl away from her home and transported her in his car several miles into the State of Oklahoma to some place near Roland, a little community about two miles off of Highway 64, he made attempts upon her, but she resisted and succeeded in getting out of the car and started...
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