81 Pa. Super. 79 | Pa. Super. Ct. | 1922
Argued November 20, 1922.
The defendant was indicted under the Act of June 7, 1911, which declares pandering to be a felony. The *80
first section defines pandering and prescribes a punishment for various acts within the definition of the offense. The 2d, 3d and 4th sections forbid conduct not relevant to the case under consideration. The fifth section provides that "any person who shall knowingly transport or cause to be transported, or aid or assist in obtaining transportation for, by any means of conveyance, into, through, or across this Commonwealth, any female person for the purpose of prostitution, or with the intent and purpose to induce, entice or compel such female person to become a prostitute, shall be deemed guilty of a felony." The indictment was drawn under the latter section. It contained four counts, and the conviction was had on the 4th count which charged that the defendant, "knowingly and feloniously, did aid and assist in obtaining transportation for, by means of a conveyance, to wit, a passenger train on the Buffalo, Rochester Pittsburgh Railway Company, through and across the Commonwealth, to wit, the counties of Elk and McKean, a female person, to wit, Genevieve Hammond, with intent and purpose to induce, entice and compel the said Genevieve Hammond to become a prostitute." The indictment grew out of the same transaction on which the case against Joe Zampogna was based, whose appeal was disposed of in an opinion this day filed. The principal contentions of the appellant are that the fifth section of the statute is unconstitutional in that the subject thereof is not embraced in the title, and that the conviction was not supported by the evidence. In view of the conclusion reached, it is unnecessary to consider the first proposition as the case must be disposed of on the inquiry whether there is evidence supporting the indictment. The statute creates a new offense and is highly penal. In conformity to a well-known rule, applicable to criminal statutes, it must be strictly construed. It is an elementary rule in the construction of a statute that the words used are to be given their natural, plain and ordinary meaning if they are words of common use. The *81
intention of the legislature with respect to the first section of the act is obvious. It was to punish anyone who should procure a female inmate for a house of prostitution, or who should induce, persuade, encourage, inveigle or entice a female person to become a prostitute, or who by promises, threats, violence, or by any device or scheme should cause, induce, persuade, encourage, take, place, harbor, inveigle, or entice a female person to become an inmate of a house of prostitution, or assignation place, or to commit any of the other acts therein specifically set forth. This means that it is unlawful to cause a person to become a public prostitute, or to become an inmate of a house of prostitution, or place of assignation. The meaning of the words prostitute and house of prostitution is generally understood and was definitely declared in Commonwealth v. Lavery,
The judgment is reversed and the defendant discharged from his recognizance. *84