Levine v. United States

Fifth Circuit

Levine v. United States

163 F.2d 992, 1947 U.S. App. LEXIS 2367

CourtCourt of Appeals for the Fifth Circuit

DecidedOctober 23, 1947

DocketNo. 11994

StatusPublished

Cited by10 cases

This text of 163 F.2d 992 (Levine v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Levine v. United States, 163 F.2d 992, 1947 U.S. App. LEXIS 2367 (5th Cir. 1947).

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Opinion

PER CURIAM.

Convicted of having transported a woman from Mobile, Alabama, to Savannah, Georgia, for the purpose of prostitution and debauchery, and sentenced to five years in the penitentiary, the defendant has appealed, making three points against the judgment: (1) That the evidence was insufficient to support the verdict, (2) that his wife was incompetent to testify against him, and her testimony on which defendant was convicted was inadmissible, and (3) that the court erred in refusing defendant’s requests to charge.

On the first and second points, it is sufficient to say that the evidence given by defendant’s wife, the instrument and victim of his debauching activities, was amply sufficient, if believed, to sustain the verdict, and that it is not an open question in this court that a wife in such a case is a competent witness against her husband.¹ Appellant stands no better on his complaint that in refusing his requests to charge the court committed reversible error. The requested charge, that appellant’s wife was an accomplice and her evidence must be considered in the light of that fact, was properly refused.² As to the requested charge defining the elements of the offense, there was no error in declining to give it both because the general charge was sufficient and because it was in substance given on defendant’s request made at the conclusion of the general charge.

No reversible error appearing, the judgment is affirmed.

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PER CURIAM.

Convicted of having transported a woman from Mobile, Alabama, to Savannah, Georgia, for the purpose of prostitution and debauchery, and sentenced to five years in the penitentiary, the defendant has appealed, making three points against the judgment: (1) That the evidence was insufficient to support the verdict, (2) that his wife was incompetent to testify against him, and her testimony on which defendant was convicted was inadmissible, and (3) that the court erred in refusing defendant’s requests to charge.

On the first and second points, it is sufficient to say that the evidence given by defendant’s wife, the instrument and victim of his debauching activities, was amply sufficient, if believed, to sustain the verdict, and that it is not an open question in this court that a wife in such a case is a competent witness against her husband.¹ Appellant stands no better on his complaint that in refusing his requests to charge the court committed reversible error. The requested charge, that appellant’s wife was an accomplice and her evidence must be considered in the light of that fact, was properly refused.² As to the requested charge defining the elements of the offense, there was no error in declining to give it both because the general charge was sufficient and because it was in substance given on defendant’s request made at the conclusion of the general charge.

No reversible error appearing, the judgment is affirmed.

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Bluebook (online)

163 F.2d 992, 1947 U.S. App. LEXIS 2367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levine-v-united-states-ca5-1947.

Opinion

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