Swanne Soon Young Pang v. United States

Pang appeals from a judgment and sentence by the district court after trial by jury resulted in a verdict of guilty on one of two counts charged.

The questions presented by the appeal are: (1) whether it was error for the trial judge to instruct the jury on aiding and abetting (accessory before the fact) where the indictment charges the defendant only with being a principal and (2) whether there is sufficient evidence to support the verdict of the jury.

Appellant Pang and two co-defendants, Weiler and Davis, were indicted on charges of violating the Mann Act, 18 U.S.C. § 2421 , by transporting women for immoral purposes within the Hawaiian Islands. Pang was indicted on two counts and was found not guilty as to Count I and guilty as to Count II.

Count II of the indictment charges Pang and Weiler with transporting Margaret Westphal and Jane Doe from Kolo Wharf, Island of Molokai, to Maunaloa Camp on the same island for the purposes of prostitution.

The evidence, viewed in the light most favorable to the Government, Glasser v. United States, 315 U.S. 60, 80 , 62 S.Ct. 457 , 86 L.Ed. 680 , shows that as to the Jane Doe accusation Weiler chartered Davis’ boat and transported three…