Reed v. United States

HOOD, Associate Judge.

Appellant was convicted of a charge of unlawfully inviting one Palmisano to accompany him for a lewd and immoral purpose. 1 Palmisano, a police officer, was the sole witness for the Government. He testified that appellant engaged him in conversation in the men’s room of a bus station, said he would talk to witness outside ■and shortly thereafter on the street invited witness to go with him and commit an act of perversion.

At the close of the Government’s case appellant moved for a judgment of acquittal on the grounds (1) that there was a fatal variance between the…