WEAVER v. UNITED STATES

No. 14107.

216 F.2d 23 (1954)

WEAVER v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

August 13, 1954.


Attorney(s) appearing for the Case

Earl C. Broady, Los Angeles, Cal., for appellant.

Laughlin E. Waters, U. S. Atty., Ray H. Kinnison, Manuel L. Real, Manley J. Bowler, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before STEPHENS, FEE and CHAMBERS, Circuit Judges.


JAMES ALGER FEE, Circuit Judge.

Weaver was indicted for transporting in interstate commerce a woman, Dolores Penfield, for the purposes of prostitution. He was tried before an experienced judge, Hon. Peirson Hall, after he voluntarily waived a jury.

It is assigned as error that the trial court permitted Dolores Penfield, who was called as a witness for the government, to be impeached by the government "in the absence of a foundation showing surprise," admitted...

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