Rockwell

This is an appeal from a judgment of conviction of the violation of § 398, Title 18 U.S.C., 18 U.S.C.A. § 398 (commonly known as the Mann Act). The indictment in substance charged that on the 9th day of February, 1938, appellant transported and caused to be transported in interstate commerce one Irene Costello from the State of Wyoming to Los Angeles, California, “With the intent on the part of him the said defendant and for the purpose of having said Irene Costello practice prostitution and debauchery and for other immoral purposes.”

The error assigned is refusal of the trial court to direct a verdict of “not guilty” for the reason that there was insufficient proof at the close of the entire case to sustain a verdict of “guilty”.

At the argument here it was admitted that there was sufficient evidence before the jury to infer the intent and purpose charged in the indictment if it be true that appellant caused Irene Costello to be transported in interstate commerce from the State of Wyoming to Los Angeles, California.

On the question of the interstate transport appellant testified that he did transport a woman in the manner and on the journey described in the indictment in his…