UNITED STATES v. McCARTHY

No. 13381.

295 F.2d 356 (1961)

UNITED STATES of America, Plaintiff-Appellee, v. Ralph Leo McCARTHY, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

October 26, 1961.


Attorney(s) appearing for the Case

Morris A. Shenker, Murry L. Randall, and Lawrence J. Lee, St. Louis, Mo., for appellant.

Carl W. Feickert, U. S. Atty., Belleville, Ill., James B. Moses, E. St. Louis, Ill., Paul Komives, Attorney, Department of Justice, Washington, D. C., of counsel, for appellee.

Before DUFFY, KNOCH and SWYGERT, Circuit Judges.


DUFFY, Circuit Judge.

Defendant was convicted by a jury on a one count indictment charging violation of the Mann Act (18 U.S.C. § 2421). The indictment charged defendant with knowingly transporting one Marian Jean Ashbrook on June 11, 1960, from St. Clair County, Illinois to Kansas City, Missouri, for the purpose of prostitution.

The errors relied on are based on two instructions given to the jury. One was with respect to the significance of the indictment...

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