Leroy Chargois v. United States

Appellant was charged in a two count indictment with the violation of §§ 2421 and 2422 of Title 18 U.S.C. (White Slave Traffic Act). Count I covered the alleged transportation in “foreign commerce” between San Francisco and Anchorage, Territory of Alaska, in April, 1955. Count II covered alleged transportation by common carrier between Fairbanks and Anchorage, within the Territory of Alaska, on October 5, 1954.

The “victim” in each count engaged in prostitution in Alaska subsequent to each act charged, as she had for several years prior to the time the appellant first met her.

Appellant was tried and convicted by a jury on both counts. He urges as error three points:

I. Fatal variance between the indictment on Count I and the proof, because of the reference to “foreign commerce.”

II. Insufficiency of the evidence to support a conviction on either count.

III. Error in instructions.

We will treat the first point, and then consider the second and third together.

The indictment charges the victim was “transported as a passenger on common carriers in foreign commerce, to-wit: from San Francisco, California, to Anchorage, Territory of Alaska, for the purpose of prostitution,…