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D'allessandro v. United States

June 10, 1937

D'ALLESSANDRO
v.
UNITED STATES (TWO CASES)



Appeal from the District Court of the United States for the Eastern District of Pennsylvania; Albert Branson Maris, Judge.

Author: Dickinson

Before BUFFINGTON AND BIGGS, Circuit Judges, and DICKINSON, District Judge.

DICKINSON, District Judge.

There was abundant evidence to support a verdict of guilty in these cases. The sole question is thus one of averred trial errors. There were two indictments. One charged the substantive offense; the other the conspiracy to commit it.

The assignments of error are as follows:

1. The refusal to direct a verdict of acquittal of the substantive charge of transporting a woman intending that she should be induced to engage in prostitution.

We have already disposed of this by the finding that there was evidence to support a verdict of guilty.

2. The like refusal in the conspiracy indictment.

To this we make the like answer supplemented by the comments hereinafter made.

3. The like refusal in the count for transporting for the purposes of having the woman engage in prostitution.

To this we make the like answer.

4. This is to the inadvertent error committed by the trial court in imposing a sentence of five years on the conspiracy charge when the maximum sentence is two years.

As there were two indictments and the sentences were concurrent, the error had no practical consequences and is corrected by reducing the sentence on the conspiracy indictment to two years.

5. The testimony objected to was restricted in its effect to the defendants other than the appellant. The assignment of error ...


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