State v. Jones

• Decision Date: 17 November 1915
• Docket Number: 3721.
• Parties: STATE v. JONES.
• Court: Montana Supreme Court

153 P. 282

51 Mont. 390

STATE v. JONES.

No. 3721.

Supreme Court of Montana

November 17, 1915

Appeal from District Court, Custer County; Daniel S. O'Hern Judge.

Paul S Jones was convicted of violating the White Slave Law, and he appeals. Reversed and remanded, with directions.

Sharpless Walker and W. C. Packer, both of Miles City, for appellant.

J. B Poindexter, Atty. Gen., and C. S. Wagner, of Helena, for the State.

HOLLOWAY J.

Paul S Jones was convicted of violating section 8 of the White Slave Law (Laws 1911, p. 1), and has appealed from the judgment and from an order denying his motion for a new trial.

So much of the statute as is material here, reads as follows:

"Any person who shall knowingly accept, receive, levy, or appropriate any money or other valuable thing without consideration, from the proceeds or earnings of any woman engaged in prostitution shall be deemed guilty of a felony. * * * Any such acceptance, receipt, levy, or appropriation of such money or valuable thing shall upon any proceeding or trial for violation of this section be presumptive evidence of lack of consideration."

No useful purpose would be served in reproducing the testimony. The only evidence which was intended to connect the defendant with the offense charged, was furnished by the prosecuting witness Estell Burton, an inmate of a house of ill fame in Miles City, and that evidence discloses that it was the understanding of herself and the defendant that the money was advanced as a loan, to be repaid in 45 days with interest at 12 per cent. per annum; that a promissory note was executed and delivered at the time the money changed hands; that the prosecuting witness delivered the note to the First National Bank for collection; that the bank endeavored to enforce collection but failed; and that this prosecution followed. The purpose of the act in question is to discourage the principal business of the red light district, but as well the concomitant crime of vagrancy on the part of secretaries. It is intended also to prevent public officers and municipalities levying tribute upon prostitutes under the more euphonious designation, fine or license. Every one who takes from these unfortunate women the earnings of their shame without consideration, is branded a felon, and the bare acceptance of such earnings is made prima facie evidence that no consideration passed therefor. But a promise to repay money is a sufficient consideration for...