278 F. 932 | 8th Cir. | 1922
The plaintiff in error was convicted and sentenced upon the second count of an indictment, under the Act of June 25, 1910, 36 Stat. 825 (Comp. St. §§ 8812-8819), wherein he was charged with knowingly causing the transportation, over the line of a common carrier, by name to the grand jurors unknown, of Virginia Eagle, then 17 years old, from Marion, Ill., to St. Louis, Mo., for the purpose of illicit sexual relations.
The girl, when asked win'- they went to St. houis, answered:
“Well, I wanted to come because there was no place In the little town of Marion for me to go in caso 1 was ill.” “I persuaded him to come on over. I wanted Mm to come, and I asked Mm to come with me, because I did not know the place very well; so he came.”
She also stated she had never been at St. Louis. She explicitly denied that he induced or persuaded her to go, and said it was her idea and suggestion, with the object of confinement there; that she bought boih tickets for the trip with her own money, carried a suitcase and a salchel, and he checked the trunk, which he and another carried to the depot. She further testified that in three or four days he obtained a position cm a street car, being experienced in such employment, and, when she persuaded him to go to St. Louis, he was ready to take a similar and more remunerative position at Marion.
'With the testimony thus summarized for our consideration, we feci compelled to hold that it was insufficient to sustain defendant’s conviction of the offense here charged, however reprehensible his conduct. The statute makes the transportation, or causing it, or aiding in obtaining it, or in transporting, a necessary element of the offense. It must be recognized 1hat either of these parties might have planned or been the moving cause of the journey to St. Louis. The testimony is direct, both in denying that the defendant caused or had part in bringing it about and in fixing the responsibility with Virginia Eagle. There.is a dearth of testimony on the subject as against him, unless by way of circumstances; but they tend only to create suspicion or show acquiescence in her will with respect to the
“Unless there is substantial evidence of facts which exclude every other hypothesis but that of guilt, it is the duty of the trial court to instruct the jury to return a verdict for the accused; and where all the substantial evidence is as consistent with innocence as with guilt, it is the duty of the appellate court to reverse a judgment of conviction.”
Another assignment is that there was error in receiving the testimony as to the means possessed by Virginia Eagle. Its tendency was to show that she was unable to buy the tickets at Marion, and, while it was remote, the objection was addressed rather to its weight than its admissibility, and was properly overruled.
Upon the ground that the peremptory instruction _ asked by the defendant should have been given, but was refused, the judgment must be reversed, with direction to the District Court to grant a new trial. It is so ordered.