Sun Chong Lee v. United States

The question presented by this appeal is: Does the indictment upon which appellant was convicted charge a crime in either of the two counts contained therein?

18 U.S.C.A. § 399 provides that it is a felony for any person to induce a woman to go from one place to another in any Territory for the purpose of prostitution “and who shall thereby knowingly cause * * * such woman * * * to go and to be carried or transported as a passenger upon the line or route of any common carrier * * * in * * * any Territory * * * The first count of the indictment was based on that statute, and with respect to transportation charged that appellant caused a woman to be transported from one place in the Territory of Hawaii to another place therein “as a passenger upon Inter Island Airways, Ltd. * * *”

The second count charged a violation of 18 U.S.C.A. § 398 by the same transaction mentioned in the first count.

Appellant’s demurrer to the indictment was overruled and the only error alleged relates to the action of the trial court in overruling such demurrer.

It is first contended that Count 1 of the indictment is defective because it fails to allege that Inter Island Airways, Ltd,, was a “common…