Thorn v. United States
| Decision Date | 03 February 1922 |
| Docket Number | 5712. |
| Citation | 278 F. 932 |
| Parties | THORN v. UNITED STATES. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Chase Morsey, of St. Louis, Mo., for plaintiff in error.
Eustace C. Wheeler, Asst. U.S. Atty., of St. Louis, Mo. (James E Carroll, U.S. atty., of St. Louis, Mo., on the brief), for the United States.
Before CARLAND, Circuit Judge, and LEWIS and COTTERAL, District judges.
The plaintiff in error was convicted and sentenced upon the second count of an indictment, under the Act of June 25 1910, 36 Stat. 825 (Comp. St. Secs. 8812-8819), wherein he was charged with knowingly causing the transportation, over the line of a common carrier, by name to the grand jurors unknown, of Virginia Eagle, then 17 years old, from Marion Ill., to St. Louis, Mo., for the purpose of illicit sexual relations.
At the conclusion of the testimony, defendant's counsel moved the court to direct a verdict in his favor. The motion was denied, and error is assigned upon that ruling. Three witnesses testified at the trial-- Virginia Eagle, her mother, and a landlady at St. Louis-- all in behalf of the government. The question is presented whether upon their testimony the defendant was entitled to such peremptory instruction.
The mother testified that the defendant resided with his wife, a sister of Virginia Eagle, at the home of their parents at Parkersburg, W. Va.; that the girl was unemployed, received 'a little money along' for her needs from her father, and had only $4 or $5 when she left home. The girl testified that immoral relations between her and the defendant began there, and that she, being enceinte, suggested their departure, to avert disgrace. She denied such relations thereafter. Continuing her account: They left in July, traveling on the same train to East St. Louis, engaged in light housekeeping there two weeks as husband and wife, under an assumed name, and thence went to Marion, Ill., where they lived in furnished rooms as Mr. and Mrs. Thorn until November. Then they went on the journey from Marion to St. Louis, by railroad, the name of which she did not remember. The defendant left the train at East St. Louis, but rejoined her the same afternoon at the Union Station in St. Louis. Shortly they engaged rooms on Laclede avenue, which they occupied apparently, but not actually, as husband and wife, until they rented a flat, always nominally as Mr. and Mrs. Thorn. A child was born to her at the Laclede place in February. They resided there at the time of the trial, but not as 'man and wife.' The landlady confirmed the renting to them of a room containing but one bed, by arrangement of defendant, who represented they were Mr. and Mrs. Thorn, and later a kitchenette in addition; also their occupancy of those quarters until their arrest in July.
The girl, when asked why they went to St. Louis, answered:
'Well, I wanted to come because there was no place in the little town of Marion for me to go in case I was ill. '...
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United States v. Jamerson, 2135
...the trip sexual relations are had, the Mann Act is not involved. Biggerstaff v. United States, 8 Cir., 1919, 260 F. 926; Thorn v. United States, 8 Cir., 1922, 278 F. 932; Sloan v. United States, 8 Cir., 1923, 287 F. 91; United States v. Reginelli, 3 Cir., 1942, 133 F.2d 595. In the case of ......
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United States v. Reginelli, 8114.
...55, 56, 73 A.L.R. 870; Alpert v. United States, 2 Cir., 12 F.2d 352, 354; Sloan v. United States, 8 Cir., 287 F. 91, 92; Thorn v. United States, 8 Cir., 278 F. 932, 933; Fisher v. United States, supra; Biggerstaff v. United States, 8 Cir., 260 F. 926, 928; Van Pelt v. United States, 4 Cir.,......
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Blain v. United States
...the ingredients are set forth with the requisite particularity. Huffman v. United States, 259 F. 35, 37 (C. C. A. 8); Thorn v. United States, 278 F. 932 (C. C. A. 8). We think the indictment fulfilled these It is contended by defendant that the mode of travel should have been set out. This ......
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Yoder v. United States, 1246.
...Illinois, and later took a trip with him from Shafter to Chicago, in the state of Illinois, for the immoral purpose." In Thorn v. United States (C.C.A.8) 278 F. 932, the woman was enciente and defendant took her to another state for her confinement, in which state they lived together as hus......