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Mortensen v. United States, 322 U.S. 369 (1944)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Mortensen v. United States, 322 U.S. 369 (1944)
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Mortensen v. United States No. 559 Argued March 9, 10, 1944 Decided May 15, 1944 322 U.S. 369
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
Syllabus
1. In the exercise of its supervisory appellate power, this Court treats the transcript of the evidence in this case as part of the record before it and considers the case on its merits. P. 371.
2. Upon review of a conviction in a federal court, this Court may examine the record to determine whether there was any competent and substantial evidence fairly tending to support the verdict. P. 374.
3. Petitioners, man and wife, operated a house of prostitution in Nebraska. They took with them on a trip to Utah, which was planned and consummated purely as a vacation, two girls who had been living at their house as prostitutes. Upon their return, the girls resumed prostitution at petitioners’ house. Held that a conviction of the petitioners for transporting the girls from Utah to Nebraska (the return trip) "for the purpose of prostitution or debauchery," in violation of 2 of the Mann Act, was not supported by any relevant evidence. Pp. 372, 376.
4. To punish those who transport inmates of a house of prostitution on an innocent vacation trip in no way related to the practice of their commercial vice is consistent neither with the purpose nor the language of the Mann Act. P. 377.
139 F.2d 967 reversed.
Certiorari, 321 U.S. 757, to review the affirmance of a conviction for violation of the Mann Act.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Mortensen v. United States, 322 U.S. 369 (1944) in 322 U.S. 369 322 U.S. 370. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=7IEV4ZDLUHL1A47.
MLA: U.S. Supreme Court. "Syllabus." Mortensen v. United States, 322 U.S. 369 (1944), in 322 U.S. 369, page 322 U.S. 370. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=7IEV4ZDLUHL1A47.
Harvard: U.S. Supreme Court, 'Syllabus' in Mortensen v. United States, 322 U.S. 369 (1944). cited in 1944, 322 U.S. 369, pp.322 U.S. 370. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=7IEV4ZDLUHL1A47.
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