Robert Earle Spencer, Also Known as Robert Scott, Carol Spencer, Also Known as Carol Scott, and Raymond Lee Joyce v. United States

Robert Earle Spencer, Carol Spencer and Raymond Lee Joyce were tried together on a joint indictment containing ten substantive counts charging violations of the Mann Act, 18 U.S.C. §§ 2421 and 2422 (1964), and a conspiracy count under 18 U.S.C. § 371 (1964). Joyce was convicted on eight of the substantive counts (II through IX) and the conspiracy count (XI). Robert Spencer was convicted on counts III, V, X and XI, and Carol Spencer was convicted on count XI. Joyce and Robert Spencer were sentenced to' five years on each count on which they were respectively convicted, all sentences to run concurrently. Carol Spencer was sentenced to one year on count XI. All three defendants appeal.

The sole specification of error is that, by reason of the insufficiency of the evidence, the trial court erred in denying appellants’ motions for judgment of acquittal and motions for a new trial.

With regard to the conspiracy count (XI), appellants contend that the evidence is insufficient because the proof touching on the substantive offenses is “varied and confused,” and relates to isolated transactions which do not show a joint enterprise, confederation or undertaking. Moreover, appellants argue,…