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Williams v. United States

Williams v. United States, 110 F.2d 554 (D.C. Cir. 1940)
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Court
Court of Appeals for the D.C. Circuit · U.S. Courts of Appeals
Decided
February 26, 1940
Docket
No. 7536
Judges
Edgerton, Rutledge, Stephens
Citations
110 F.2d 55471 App. D.C. 3771940 U.S. App. LEXIS 4593

Opinion of the Court — Edgerton

Text extracted by OCR from a scanned original; check the original for exact wording.

EDGERTON, Associate Justice.

The Code forbids “any person to invite * * * any person * * * in or upon any avenue, street, road, highway, open space, alley, public square, or inclosure in the District of Columbia, to accompany * * * her * * * for the purpose of prostitution, or any other immoral or lewd purpose.” 1 This condemns solicitation in places of certain sorts. 2 Defendant was convicted on an information which does not charge that she acted in any such place, but charges merely that she did “unlawfully invite * * * for the purpose of prostitution” in the District of Columbia. Therefore it charges no crime. This defect cannot be cured by verdict. United States v. Hess, 124 U.S. 483 , 8 S.Ct. 571 , 31 L.Ed. 516 . Cf. Ainsworth v. United States, 1 App.D.C. 518, 523 .

Even if the information were valid, the conviction would not be, for there was no proof that defendant’s purpose was among those which the statute prohibits. The government’s evidence was that she approached a policeman’s car on a certain street and “asked him if he wanted a date that he answered yes; that she asked if she should get in the car, and he answered yes; that she got in the car and asked “if he wanted to drive and talk.” Defendant’s purpose was at worst ambiguous. There was no evidence that the parties were strangers to each other; and even if they were, the proposed “date” did not necessarily include prostitution.

Reversed.

D.C.Code, Supp. V, 1939, Tit. 6, § 177a.

Cf. Bailey v. United States, 69 App.D.C. 25, 27 , 98 F.2d 306 .

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

View all citing references →
1943: 11947: 11952: 11961: 11971: 11973: 11976: 11977: 11986: 11987: 219432026peak 1987 · 2

Relies on it most ⓘ

  1. Graves v. United States515 A.2d 1136 (D.C. 1986)
  2. City of Miami v. Mason246 So. 2d 591 (Fla. Dist. Ct. App. 1971)
  3. Kelly v. United States194 F.2d 150 (D.C. Cir. 1952)
  4. Ford v. United States533 A.2d 617 (D.C. 1987)
  5. Curran v. United States52 A.2d 121 (D.C. 1947)
  6. Rose v. United States535 A.2d 849 (D.C. 1987)

Most recent

  1. Rose v. United States535 A.2d 849 (D.C. 1987)
  2. Ford v. United States533 A.2d 617 (D.C. 1987)
  3. Graves v. United States515 A.2d 1136 (D.C. 1986)
  4. State v. Bennett258 N.W.2d 895 (Minn. 1977)
  5. In re Appeal No. 180365 A.2d 540 (Md. 1976)
  6. Shannon v. United States311 A.2d 501 (D.C. 1973)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
United States v. Hess, 124 U.S. 483 (1888) 384
Bailey v. United States, 98 F.2d 306 (D.C. Cir. 1938) 13
Ainsworth v. United States, 1 App. D.C. 518 (D.C. Cir. 1893) 4

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