Singleton v. United States, No. 21521.

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtMERRILL and ELY, Circuit , and MATHES, Senior
Citation381 F.2d 1
PartiesGeorge SINGLETON, Jr., Appellant, v. UNITED STATES of America, Appellee.
Decision Date12 September 1967
Docket NumberNo. 21521.

381 F.2d 1 (1967)

George SINGLETON, Jr., Appellant,
v.
UNITED STATES of America, Appellee.

No. 21521.

United States Court of Appeals Ninth Circuit.

July 28, 1967.

As Amended on Denial of Rehearing September 12, 1967.


381 F.2d 2

Riner E. Deglow, Spokane, Wash., for appellant.

Smithmoore P. Myers, U. S. Atty., Robert M. Sweeney, Asst. U. S. Atty., Spokane, Wash., for appellee.

Before MERRILL and ELY, Circuit Judges, and MATHES,* Senior District Judge.

ELY, Circuit Judge:

The appellant was charged by indictment with having violated 18 U.S.C. § 2421, a penal statute commonly referred to as the Mann Act. He appeals from the judgment of conviction which followed trial in the District Court without a jury.

The case for the prosecution was based essentially upon the testimony of Pamela Ann McFall. This woman, twenty-three years of age and an admitted prostitute, had resided in Salt Lake City, Utah. She testified that she had become acquainted with Singleton in 1965 and had thereafter lived with him for a time in Utah. During this period, Singleton acted as a panderer in her behalf. Singleton married another woman on October 10, 1965, and, on October 14, 1965, the two women accompanied him by rail from Salt Lake City to Pendleton, Oregon, and thence, by automobile, to Moses Lake, Washington. The prostitute insisted that she made the trip in response to Singleton's request and his suggestion of the probability of successful exploitation of her profession in the Moses Lake community. When the party reached Moses Lake, they visited an establishment known as one of prostitution. McFall there engaged in one such act. Two days later the group

381 F.2d 3
traveled to Spokane, Washington, where, through contact with a taxicab driver, the appellant arranged that McFall commit another act of prostitution. For this performance, her customer paid her twenty dollars which she delivered to appellant. Almost immediately thereafter, Singleton informed McFall of his recent marriage to the second woman, whereupon McFall apparently undertook suicide by slashing her wrists and ankles. This led to her hospitalization and to her subsequent arrest by Spokane police

In his trial, the appellant was vigorously and conscientiously defended by an attorney appointed by the court. Testifying in his own behalf, appellant admitted that he had lived with McFall in Salt Lake City. He admitted that he paid the cost of McFall's interstate transportation and that he had purchased the tickets under a fictitious name. He denied that in arranging the trip he harbored the intent that McFall should continue to engage in her illicit calling, and he denied knowledge that she had engaged in the acts of prostitution in Moses Lake and Spokane.

We commend appellant's court-appointed counsel for the zeal with which he here challenges the sufficiency of the Government's evidence. We agree that the credibility of McFall is open to severe challenge. That she was gravely unstable, as well as depraved, there is no doubt. On three occasions she had been a patient in Utah mental institutions, and she had used heroin and other drugs. All this notwithstanding, it was the proper function of the district judge, with his opportunity to...

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14 practice notes
  • U.S. ex rel. Placek v. State of Ill., No. 76-1376
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • 21 Diciembre 1976
    ...v. McCarthy, 470 F.2d 222, 224 (6th Cir. 1972); Fotie v. United States, 137 F.2d 831, 839 (8th Cir. 1943); Singleton v. United States, 381 F.2d 1, 4 (9th Cir.), cert. denied, 389 U.S. 1024, 88 S.Ct. 601, 19 L.Ed.2d 673 (1967); Havelock v. United States, 427 F.2d 987, 991 (10th Cir.), cert. ......
  • United States v. Allison, No. 23711.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 17 Junio 1969
    ...Burg v. United States, 406 F.2d 235 (9th Cir. 1969); Craft v. United States, 403 F.2d 360, 366 (9th Cir. 1968); Singleton v. United States, 381 F.2d 1, 4 (9th Cir. 1967); Helberg v. United States, 365 F.2d 314, 316 (9th Cir. 1966); Bush v. United States, 267 F.2d 483, 489 (9th Cir. 1959); M......
  • Nance v. State, No. 362
    • United States
    • Court of Special Appeals of Maryland
    • 8 Agosto 1969
    ...in the face of such an attack. Spencer v. Texas, 385 U.S. 554, 87 S.Ct. 648, 17 L.Ed.2d 606 (1967). 5 See also Singleton v. United States, 381 F.2d 1, 4 (9th Cir. The appellant's argument on the impartial jury ground revolves around an asserted unjustified excess of prejudice inherent in th......
  • Ray v. United States, No. 22460.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 27 Junio 1969
    ...think that the error was sufficiently prejudicial to require reversal in this case. As we said in Singleton v. United States, 9 Cir., 1967, 381 F.2d 1, "We therefore hold that there was no prejudicial error in the evidentiary ruling which is challenged, although, at the same time, we reiter......
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14 cases
  • U.S. ex rel. Placek v. State of Ill., No. 76-1376
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • 21 Diciembre 1976
    ...v. McCarthy, 470 F.2d 222, 224 (6th Cir. 1972); Fotie v. United States, 137 F.2d 831, 839 (8th Cir. 1943); Singleton v. United States, 381 F.2d 1, 4 (9th Cir.), cert. denied, 389 U.S. 1024, 88 S.Ct. 601, 19 L.Ed.2d 673 (1967); Havelock v. United States, 427 F.2d 987, 991 (10th Cir.), cert. ......
  • United States v. Allison, No. 23711.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 17 Junio 1969
    ...Burg v. United States, 406 F.2d 235 (9th Cir. 1969); Craft v. United States, 403 F.2d 360, 366 (9th Cir. 1968); Singleton v. United States, 381 F.2d 1, 4 (9th Cir. 1967); Helberg v. United States, 365 F.2d 314, 316 (9th Cir. 1966); Bush v. United States, 267 F.2d 483, 489 (9th Cir. 1959); M......
  • Nance v. State, No. 362
    • United States
    • Court of Special Appeals of Maryland
    • 8 Agosto 1969
    ...in the face of such an attack. Spencer v. Texas, 385 U.S. 554, 87 S.Ct. 648, 17 L.Ed.2d 606 (1967). 5 See also Singleton v. United States, 381 F.2d 1, 4 (9th Cir. The appellant's argument on the impartial jury ground revolves around an asserted unjustified excess of prejudice inherent in th......
  • Ray v. United States, No. 22460.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 27 Junio 1969
    ...think that the error was sufficiently prejudicial to require reversal in this case. As we said in Singleton v. United States, 9 Cir., 1967, 381 F.2d 1, "We therefore hold that there was no prejudicial error in the evidentiary ruling which is challenged, although, at the same time, we reiter......
  • Request a trial to view additional results

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