Legal Opinion

United States v. Holte

Supreme Court of the United States

Decided February 1, 1915No. 628PublishedCited by 110 opinions

ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF WISCONSIN. The facts, which involve the construction of the White Slave Traffic Act of 1910 and of § 37 of the Penal Code, are stated in the opinion. The woman subjected to an unlawful interstate transportation may, if a guilty participator, be indicted as a conspirator with the person causing her to jae transported.

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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF WISCONSIN. The facts, which involve the construction of the White Slave Traffic Act of 1910 and of § 37 of the Penal Code, are stated in the opinion. The woman subjected to an unlawful interstate transportation may, if a guilty participator, be indicted as a conspirator with the person causing her to jae transported. The court below misapplied the doctrine that, where a concert of action or a plurality of agents is essential to complete an offence, such agents cannot be indicted for a conspiracy to commit that…

1Opinion of the CourtJustice Holmes

This is an indictment for a conspiracy between the present defendant and one Laudenschleger that Lauden-schleger should cause the defendant to be transported from Illinois to Wisconsin for the purpose of prostitution, *144contrary to the act of June 25, 1910, c. 395; 36 Stat. 825. As the defendant is the woman, the District Court sustained a demurrer on the ground that although the offence could not be committed without her she was no party to it but only the victim. The single question is whether that ruling is right. We do not have to consider what would be necessary to constitute the…

2Cases cited3 opinions

  1. Drew v. ThawSupreme Court of the United States · 1914
  2. State v. CroffordSupreme Court of Iowa · 1907
  3. United States v. MartinU.S. Circuit Court for the District of Massachusetts · 1870

3Cited by110 opinions

  1. Iannelli v. United StatesSupreme Court of the United States · 1975
  2. Salinas v. United StatesSupreme Court of the United States · 1997
  3. United States v. RabinowichSupreme Court of the United States · 1915
  4. Badders v. United StatesSupreme Court of the United States · 1916
  5. Gebardi v. United StatesSupreme Court of the United States · 1932

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