United States v. Henry Vonds Kelly

The jury found Kelly not guilty of importing a woman from Canada for purposes of prostitution, but found him guilty of causing her to be transported by common carrier from Seattle, Washington, to Nevada for the same purpose in violation of 18 U.S.C. § 2422 . He appeals.

Kelly asserts that the evidence did not support the guilty verdict. The jury was entitled to believe the woman’s story. Her testimony supplied all the elements of the crime. The government had other evidence to support the woman’s testimony. This assignment of error is without merit.

Kelly also asserts that the trial court erred in not granting a mistrial after the prosecutor unsuccessfully questioned witnesses about prostitution on the part of Kelly’s wife. The government was treading the edge of a mistrial, but we cannot say that the United States Attorney acted in bad faith, or knew in advance that he could not produce evidence to support his suspicions. The questioning was not so grossly prejudicial as to require the trial court to declare a mistrial as a matter of law.

Kelly also alleges that reversible error occurred when an incriminating letter and a “trick book” were received in evidence and discussed…