Womble
Womble v. United States
Opinion
Lead Opinion
Garrecht, J.
Appellant was found guilty of the violation of Section 398, Title 18 U.S.C.A. The appellant waived jury trial and was tried by the court without a jury. Upon pronouncement of judgment, the appellant made a motion for a new trial which was denied. Appellant appeals from the judgment.
On the question of the sufficiency of the evidence this court can inquire only as to whether there is substantial evidence to support the findings.
The evidence so. considered is in brief as follows: The appellant, Dewel Kathleen Womble, and Stephen Culp made the trip from Louisville, Kentucky, to Stockton, California, in Culp’s automobile. Culp separated from the appellant and Dewel Kathleen Womble at Stockton, California. The record shows that at no point en route did the appellant work at any gainful occupation although Culp testified that they made inquiries about employment. Appellant paid part of the expenses of the trip and, in that way, assisted in transporting Dewel Kathleen Womble from Kentucky to California.
Upon arrival in Stockton, appellant and' Dewel Kathleen Womble registeréd at the Hotel Wolf in Stockton as Mr. and Mrs. John Robertson. The testimony shows that Dewel Kathleen Womble…