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NELMS v. UNITED STATES

Nos. 8306, 8307.

291 F.2d 390 (1961)

Herman Edward NELMS, Appellant, v. UNITED STATES of America, Appellee (two cases).

United States Court of Appeals Fourth Circuit.

Decided June 1, 1961.

Attorney(s) appearing for the Case

Alexander Wellford, Richmond, Va. (Court-assigned counsel), for appellant.

H. Clyde Pearson, Asst. U. S. Atty., Roanoke, Va. (John Strickler, U. S. Atty., and Frank M. McCann, Asst. U. S. Atty., Roanoke, Va., on brief), for appellee.

Before SOBELOFF, Chief Judge, SOPER, Circuit Judge, and HARRY E. WATKINS, District Judge.

SOBELOFF, Chief Judge.

The permissible unit of offense in prosecutions under the Mann Act, 18 U.S.C.A. § 2421, is the point at issue in this appeal.

Two violations of the Act were alleged against Herman Edward Nelms in an indictment handed up on May 4, 1959, in the United States District Court for the Western District of Virginia. The first count of the indictment charged a transportation in interstate commerce of Lasula Roberts Nelms, the defendant's...

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