United States v. Norris Hewitson Kerr

Appellant was charged with co-defendant Snyder with violating the Mann Act, 18 U.S.C. §§ 2421 and 2422.

Appellant claimed as error:

The third error urged was raised in the appeal of co-defendant Snyder, and was held to be without merit. The same rule here applies.

The charge of a fatal discrepancy between May 20, 196^, and July, 1964 (the date charged), is also without merit. Count IV (the sole count on which appellant was convicted), charged him with inducing and coercing the complaining witness, “who had not then attained her eighteenth birthday” (C.T. p. 17, line 25), to travel from Colorado to Nevada to engage in prostitution.

If the complaining witness is to be believed, she was born October 19, 1946, and did not turn eighteen until October 19, 1964. Appellant paid for transportation by airplane from Denver, Colorado, to Las Vegas, Nevada, prior to her staying at his apartment in Las Vegas. She stayed in appellant’s apartment at the. Playpen Apartments while he was living there. He lived there from May 20, 1964, until September 20, 1964. During this time she worked as a prostitute, and paid her earnings to appellant. Thus, both her trip from Colorado to Nevada and her…