Edward David Eisenberg v. United States

WISDOM, Circuit Judge.

This is a Mann Act case. The so-called “victim” is Mrs. Jean Eisenberg. The defendant is her husband, Edward Eisen-berg, sentenced to four years imprisonment for “knowingly, wilfully and unlaw fully transport [ing]” his wife on December 7, 1958, from New Orleans to Mobile “for the purpose of prostitution”. 1

The appeal turns on the question of the admissibility of an unsworn, out-of-court statement introduced by the prosecution without a predicate, over the objection of defense counsel, and used as substantive evidence against the defendant. The victim made the statement…