Haskett

Haskett v. United States

Good Law
145 F.2d 465·1944 U.S. App. LEXIS 2541
United States Court of Appeals for the Ninth CircuitNovember 15, 1944No. 10612California414 words

Opinion

Lead Opinion

Stephens, J.

Appellant, Harry Gleeland Haskett, was convicted of violating the Mann Act § 4, 18 United States Code Annotated § 400, was given a federal penitentiary sentence, and he appeals. In his opening brief he makes the following points :

1. That the district court erred in submitting the case to the jury for the reason that the evidence was insufficient to support the charges in the indictment.

2. That the district court erred in failing to hold that the proof was insufficient to sustain a conviction under the indictment.

3. That the district court had no jurisdiction to impose sentence since neither the district court nor the United States had jurisdiction of the offenses proved.

We treat all three points together.

Although some of the following facts were denied by appellant from the witness stand, it was admitted in the argument that the evidence supports all of them.

Dorothy Josephine Markley was born November 4, 1929, to Alma Markley, who, on October 16, 1941, became the wife oí appellant. Sometime after the marriage and before February 15, 1943, appellant had sexual intercourse with Dorothy. On February 16, 1943, the wife either went or was sent away from the town of the…

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