287 U.S. 112, 53 S.Ct. 35, 77 L.Ed. 206
Petitioners, a man and a woman, not then husband and wife, were indicted in the District Court for Northern Illinois for conspiring together, and with others not named, to transport the woman from one state to another for the purpose of engaging in sexual intercourse with the man.1
At the trial without a jury there was evidence from which the court could have found that the petitioners had engaged in illicit sexual relations in the course of each of the journeys alleged.2 The man purchased the railway tickets for both petitioners for at least one journey.3 In each instance the woman, in advance of the purchase of the tickets, consented to go on the journey and did go on it voluntarily for the specified immoral purpose.4 There was no evidence supporting the allegation that any other person had conspired.5
The trial court overruled motions for a finding for the defendants, and in arrest of judgment, and gave judgment of conviction, which the Court of Appeals for the Seventh Circuit affirmed on the authority of United States v. Holte.6 This case is here on certiorari, 286 U.S. 539, to review a judgment of conviction for conspiracy to violate the Mann Act.7
Whether the evidence was sufficient to support the petitioners' convictions for conspiracy to violate the Mann Act?8
The Mann Act does not punish the woman for transporting herself or for merely consenting to her transportation, and this reflects an affirmative legislative policy to leave her acquiescence unpunished, so that her consent cannot support a conviction for conspiracy to violate the Act.9
No. The case arose when petitioners, a man and a woman not then husband and wife, were indicted in the District Court for Northern Illinois for conspiring to transport the woman from one state to another for the purpose of engaging in sexual intercourse with the man.10 Evidence at trial showed that they had engaged in illicit sexual relations during each journey alleged in the indictment.11 The man purchased the railway tickets for both on at least one occasion.12
Subsequently, the record established that the woman consented in advance to each journey and participated voluntarily for the immoral purpose.13 There was no evidence that any other person had conspired with them.14 The trial court overruled motions for a finding for the defendants and in arrest of judgment before entering convictions.15
The Court of Appeals for the Seventh Circuit affirmed the convictions on the authority of United States v. Holte.16 This Court granted certiorari to review the judgment of conviction for conspiracy to violate the Mann Act.17 The sole question presented is whether the evidence suffices to support the convictions under the principles of the Holte decision. Since the Mann Act does not punish the woman's mere consent, her participation in the conspiracy cannot be established on these facts alone.18
Related opinions on this issue
Mr. Justice Cardozo concurs in the result.21