Francis Xavier Lohmann v. United States

In the voluntary written confession of Lohmann (received in evidence in this judge-tried case) there is enough to convince one beyond a reasonable doubt that Lohmann “did * * * transport in interstate commerce, from Hollywood, California, to Clark County, State and District of Nevada, a woman, namely Margaret Wells, for the purpose of prostitu tion in violation of Title 18, § 2421, United States Code.”

Lohmann’s testimony, when he took the stand in his own behalf to repudiate his confession and say that he came from California to Nevada with his own wife (and not with Margaret Wells) on or about the critical date, June 27, 1957, is such that the trial court, as a minimum, was entitled to discredit it. And, even on paper, his alibi story is suspect. The record is clear that Margaret Wells did engage in prostitution after her arrival in Nevada almost within the shadow of where Lohmann was standing, and the circumstances would warrant an inference that that was her purpose in going to Nevada. At the trial she partially repudiated her confession in that she denied she came to Nevada with the defendant and denied that Lohmann caused her to come.

Lohmann, on appeal, says there was not…