Mallory

Glenn Oliver Mallory, was convicted by a jury and sentenced for the violation of the “White Slave Traffic Act”, 18 U.S.C.A. § 398 , and appeals. Defendant in an automobile possessed by him, together with several women prostitutes journeyed from one state to another. One of the women as a government witness testified that she had no agreement with defendant prior to the journey regarding, and did not go with the intention of, practicing prostitution in the other state but took the trip as a vacation. She testified however that soon after the journey’s end defendant proposed and she accepted the proposition of entering the prostitution trade under defendant’s management and that she paid defendant $500 from her earnings.

It is stated in defendant’s brief that “It is primer law that the government is bound by the testimony of its own witness and such testimony cannot create a circumstance that will be inconsistent with affirmative proof.” This is followed by numerous citations.

Defendant’s point has no application to the instant situation. It is the purpose of appellant Mallory in taking the prostitute on the instant journey, not that of the prostitute, which is at issue. Kelly v.…