Johnson v. United States

The offense of which the plaintiff in error was convicted, and for which he was sentenced in the court below to imprisonment for ten months in jail and to pay the cost of prosecution, taxed at $417.67, was that' of willfully permitting his wife to practice prostitution — the statute under which the prosecution was had reading as follows: “That any male person who may be found loitering around houses of ill fame, or who solicits, incites, induces, encourages, persuades, or prevails upon any other male person to patronize any house of ill fame or any woman commonly reputed to be a prostitute; or who shall be an inmate of any house of ill fame, or who is commonly known to consort with any prostitute, or who willfully permits a woman to whom he is married to practice prostitution, or who lives upon or receives the earnings of any prostitute, shall be deemed a pimp or macque, and upon conviction shall be imprisoned in a federal jail not less than thirty days nor more than one year.” Session Laws of Alaska 1913, pp. 120, 121.

The points made in behalf' of the plaintiff in error relate to instructions given and refused, to the inclusion of the costs of the prosecution in the judgment,…