Weaver

Weaver was indicted for transporting in interstate commerce a woman, Dolores Penfield, for the purposes of prostitution. He was tried before an experienced judge, Hon. Peirson Hall, after he voluntarily waived a jury.

It is assigned as error that the trial' court permitted Dolores Penfield, who> was called as a witness for the government, to be impeached by the government, “in the absence of a foundation showing-surprise,” admitted into evidence a diary of hers which was hearsay as to the defendant “for the limited purpose of testing the verity of this witness,” permitted reading to the witness documents purportedly written by her and statements made to government agents, and that the court inquired into the truthfulness of statements of this witness which were-hearsay in order to “test the verity of the-witness and for impeachment purposes.”

It is also assigned as error that the court overruled a motion for acquittal and that the evidence is insufficient to-sustain the verdict because transportation, intent and purpose were not proved. The court deals with this ground first and in the first instance without reference to the testimony of Dolores Penfield.

The burden was upon…