POWELL v. UNITED STATES

No. 19294.

347 F.2d 156 (1965)

Clarence Eric POWELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

June 11, 1965.


Attorney(s) appearing for the Case

David B. Flinn, San Francisco, Cal., for appellant.

Jo Ann D. Diamos, U. S. Atty., Henry L. Zalut, Asst. U. S. Atty., Phoenix, Ariz., for appellee.

Before KOELSCH and BROWNING, Circuit Judges, and WEIGEL, District Judge.


BROWNING, Circuit Judge.

Appellant was convicted of transporting a girl from Texas to Phoenix, Arizona, for purposes of prostitution, in violation of 18 U.S.C.A. § 2421. The interstate journey was admitted. The sole issue was appellant's intent.

The trial court properly instructed the jury that the immoral purpose renders the interstate transportation illegal, and must therefore exist before the journey ends and supply the dominant motive for the trip...

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