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UNITED STATES v. MITCHELL

No. 318.

137 F.2d 1006 (1943)

UNITED STATES v. MITCHELL.

Circuit Court of Appeals, Second Circuit.

Opinion Adhered to on Rehearing November 8, 1943.

Attorney(s) appearing for the Case

Albert C. Gilbert, of New York City, for appellant.

George Kennan Hourwich, of New York City, amicus curiae for appellant.

John C. Hilly, Asst. U. S. Atty., of New York City (Howard F. Corcoran, U. S. Atty., of New York City, on the brief), for appellee.

Before L. HAND, CLARK, and FRANK, Circuit Judges.

CLARK, Circuit Judge.

This is an appeal by William Mitchell from his conviction by a jury of the crime of transporting his own wife in interstate commerce for the purpose of prostitution and debauchery, in contravention of the White Slave Traffic Act of 1910, 18 U.S. C.A. § 398. The wife testified at length against him; and although there was some corroboration from others of certain details of her testimony, it is quite obvious that no conviction could be had...

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