Pappas

The plaintiff in error was convicted under an indictment which charged him with unlawfully transporting, or causing to be transported, his wife from Rock Springs, Wvo., to Pocatello, Idaho, for immoral purposes, in violation of the Maim White Slave Act of June 25, 1910.

[1 ] It is assigned as error that the wife of the plaintiff in error was permitted to testify against him. In Cohen v. United States, 214 Fed. *666 23 , 130 C. C. A. 417 , this court held that conduct such as that with which the plaintiff in error here is charged constituted a personal wrong, which, under the rule of the common law authorizing a wife to testify against her husband in cases of his personal injury to her, permitted her to testify against him, citing United States v. Rispoli (D. C.) 189 Fed. 271 , and United States v. Gwynne (D. C.) 209 Fed. 993 . The plaintiff in error cites the decision of the Circuit Court of Appeals for the Eighth Circuit in Johnson v. United States, 221 Fed. 250 , 137 C. C. A. 106 , in which that court reversed the judgment of the District Court, and held that, in the absence of proof of personal violence, in a prosecution under Act June 25; 1910, the wife is not a competent…