James Richard Baker v. United States

Good Law
310 F.2d 924
United States Court of Appeals for the Ninth CircuitJanuary 18, 196317937California3,221 words

Opinion

Opinion

Hamley, J.

James Richard Baker was tried and convicted of knowingly transporting Carol Lou Thomas from Tiller, Oregon to Elko, Nevada, for the purpose of prostitution, in violation of the White Slave Traffic Act, 18 U.S.C. § 2421 . He appeals, asserting that the trial court erred in admitting certain evidence, in failing to instruct the jury on certain points, and in erroneously instructing them as to other matters.

For the purposes of appeal the facts are established by the undisputed testimony of Miss Thomas. In the latter part of June, 1959, Miss Thomas met Baker in Elko, Nevada, while both were passengers on a bus. Baker got off at Reno, Nevada, but she continued on to Tracy, California, where she made her home with her sister and brother-in-law. In August, 1959, Baker visited Miss Thomas two or three days at Tracy.

About the middle of September, 1959, he returned to Tracy and told Miss Thomas that he was married but was getting a divorce. He asked her to go with him to Reno and to marry him after the divorce. She agreed and they left Tracy in his automobile. When they reached Sacramento, California, Baker suggested to her that she could make money for him by being a prostitute. They…

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