Thompson v. United States, 15489.
Decision Date | 18 November 1955 |
Docket Number | No. 15489.,15489. |
Parties | Lester Julian THOMPSON and Estelle Shell Goben Thompson (Mrs. Lester Julian Thompson), Appellants, v. UNITED STATES of America, Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
T. Reese Watkins, Macon, Ga., for appellants.
Floyd M. Buford, Robert B. Thompson, Asst. U. S. Attys., Frank O. Evans, U. S. Atty., Macon, Ga., for appellee.
Before RIVES, TUTTLE and JONES, Circuit Judges.
Appellants, husband and wife, were convicted of conspiracy, 18 U.S.C.A. § 371, to violate the White Slave Traffic Act, 18 U.S.C.A. § 2421. The indictment charged that the defendants conspired and agreed with each other "and divers other persons to the grand juror unknown" to commit the offense of unlawfully transporting in interstate commerce from Shawmut, Alabama, to Thomaston, Georgia, and from Macon, Georgia, to Jacksonville, Florida, a woman named Hattie Johnson for the purpose of prostitution and debauchery and for other immoral purposes.
Appellants' first contention is that the district court erred in overruling their motions for judgments of acquittal on the ground of insufficiency of the evidence. Under the standards of review, restated by this Court in Lloyd v. United States, 226 F.2d 9, we are inclined to the view that the evidence was sufficient to present a jury question as to the guilt of each defendant. Since, however, the judgments of conviction must be reversed upon another ground, we forego discussion of the sordid details and circumstances and any definite holding that the evidence was sufficient to authorize the appellants' convictions. Upon another trial the evidence may be different and, if not, we do not wish to bind the court by holding as to the sufficiency of the evidence.
The appellants next urge that the court erred in overruling their motions for judgments of acquittal upon the ground that husband and wife may not be guilty of conspiring together because they are a single legal entity. The Ninth Circuit has so held in Dawson v. United States, 10 F.2d 106, and in Gros v. United States, 138 F.2d 261. The District of Columbia Circuit has held to the contrary in Johnson v. United States, 81 U.S.App.D.C. 254, 157 F.2d 209. The district courts in this Circuit are likewise at odds, as are the various state courts. See United States v. Shaddix, D. C.S.D.Miss., 43 F.Supp. 330; Ex parte Estep, D.C.N.D.Tex., 129 F.Supp. 557, 558; see also dissenting opinion of Chief Judge Hutcheson in Ansley v. United States, 5 Cir., 135 F.2d 207, 208; 11 Am. Jur., Conspiracy, § 7, p. 547, notes 6 and 7; 15 C.J.S., Conspiracy, § 37; 41 C.J.S., Husband and Wife, § 227; cases in West's Key Numbered Digest under Husband and Wife.
In brief the appellee insisted that we do not reach the question of whether husband and wife constitute a single entity, incapable alone of the offense of conspiracy, because the indictment charged that they conspired also "with divers other persons", and the evidence was sufficient to connect a third party or third parties with the conspiracy. Upon oral argument, however, the appellee conceded that in the present record there is no substantial evidence of the participation of a third party in the conspiracy, and our careful reading of the record confirms that fact. There is no indication that the Government on another trial can present stronger proof that there was a third party to the conspiracy. If, therefore, in the absence of any other person, it is impossible for husband and wife to be guilty of conspiracy, we should so hold at this time in order that there may be an end to this case.
The judgments of conviction must be reversed, we think, for the error of the district court in permitting, over the objection of the defendants, three Jacksonville, Florida, police officers to testify to certain statements made to them by the appellant Estelle Thompson. Two of the officers answered a call shortly after midnight on July 11, 1953, to meet a party at Duval and Main Streets in Jacksonville. There they found appellant Estelle Thompson and also Hattie Johnson. Estelle Thompson told them that "her husband had her in the Windle Hotel and making her hustle for him and he wouldn't give her any of the money and she was damn tired of it and wanted him put in jail." Appellant Lester Thompson was not present on this occasion. The officers, however, took the two women in custody, carried them in the police car to the Windle Hotel, and there found Lester Thompson and another man. Both women and both men were then carried to the police station. There, in the presence of Lester Thompson and the two officers, Estelle Thompson related the same story to the Lieutenant of Police. On the same occasion, according to the Lieutenant, Hattie "denied that she had been implicated in prostitution at all." The reaction of appellant Lester Thompson to his wife's accusation, according to one of the police officers, was The Lieutenant of Police testified: The two police officers testified that they thought Estelle was drinking but not so drunk at the time that she could not talk sensibly. The Lieutenant testified that she could have been drinking, that she was crying and...
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