Willie Frank Brown v. United States

I dissent. I agree that the evidence is sufficient to support a finding that the woman was transported by the defendant, but I would not remand the matter for further proceedings relating to oral argument.

In Irving v. United States, 1931, 9 Cir., 53 F.2d 55, at 56, we said “that prejudice is not inferred from mere error, and that the burden is always upon an appellant to show that he has suffered damage in his case.” To the same effect, Didia v. United States, 1939, 9 Cir., 106 F.2d 918, 920. There is a presumption that the District Court tried the ease properly and that it protected the…