United States v. Saledonis, 6.

• Decision Date: 07 December 1937
• Docket Number: No. 6.,6.
• Citation: 93 F.2d 302
• Parties: UNITED STATES v. SALEDONIS.
• Court: U.S. Court of Appeals — Second Circuit

93 F.2d 302 (1937)

UNITED STATES v. SALEDONIS.

No. 6.

Circuit Court of Appeals, Second Circuit.

December 7, 1937.

Thomas R. Fitzsimmons and Edwin G. Hayes, both of New Haven, Conn., for appellant.

Robert F. Butler, U. S. Atty., of Hartford, Conn.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

Appellant was charged, in seven counts, with offenses under the Mann Act §§ 2 and 3 (18 U.S.C.A. 398, 399). He was convicted on the first and second counts involving transportation (section 398, 18 U. S.C.A.) and counts 3, 4, and 5, charging inducement to go on a common carrier in interstate commerce (§ 399, 18 U.S.C.A.); the sixth and seventh counts were dismissed. The appellant appeals only from the conviction on the third, fourth, and fifth counts. The testimony was not taken stenographically, and the record on appeal does not contain the evidence adduced at the trial.

Errors are assigned to the charge and to the refusal of the court to grant a new trial on the ground that the verdict was contrary to the law and the evidence. Appellant argues that not only must there be some inducement by reason of which the woman or girl travels in interstate commerce for immoral purposes, but that, in order that the accused shall be guilty of a violation of the act, he shall in some measure directly contribute to the transportation of the woman or girl by a common carrier. Further, that the court erroneously charged that "it was only necessary for the government to prove that mere probability that the mode of transportation was that of a common carrier, was sufficient."

Section 2 of the act (18 U.S.C.A. § 398) provides punishment for any one who knowingly transports, or causes to be transported, or aids or assists in obtaining transportation for, or in transporting in interstate commerce, any woman or girl for immoral purposes, or who knowingly obtains or causes to be procured or obtained, or aids or assists in procuring or obtaining, any ticket or tickets, or any form of transportation or evidence of a right thereto, for the movement in interstate commerce of a woman or girl for the immoral purposes referred to in the statute. Transportation referred to in section 2 (18 U.S.C.A. § 398) may be either by public or private carrier as long as it involves crossing state lines. But section 3 (18 U.S.C.A. § 399) makes the offense the offering of an inducement by one who shall "thereby knowingly cause" such woman to go on a common carrier, in interstate commerce. Thus there are two distinct crimes set forth in the statute. The act condemns transportation obtained or aided or transportation induced in interstate commerce for immoral purposes. Hoke v. United States, 227 U.S. 308, 320, 33 S.Ct. 281, 57 L.Ed. 523, 43 L.R.A.(N.S.) 906, Ann.Cas.1913E, 905. Section 2 (18 U.S.C.A. § 398) makes it a felony to obtain or aid transportation for immoral purposes. Section 3 (18 U.S.C.A. § 399) makes it a separate offense to induce a woman to go in interstate commerce on a common carrier for immoral purposes.

One person may be guilty of both offenses although they may arise out of the same transaction. It would not require the same evidence to establish that one knowingly transported a woman, or caused her to be transported, and to prove that he induced the same woman to go in such commerce. The acts...