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Keywords

statutetriallegislative intentpiracy

statutetrialpiracy

Related Cases

Gebardi v. U.S., 287 U.S. 112, 53 S.Ct. 35, 77 L.Ed. 206, 84 A.L.R. 370

Facts

Jack Gebardi and a woman, not his wife, were indicted for conspiring to transport her across state lines for immoral purposes under the Mann Act. Evidence presented at trial indicated that they had engaged in illicit sexual relations during their travels, and that Gebardi purchased tickets for both of them. However, there was no evidence of any other conspirators or that the woman had actively participated in the conspiracy beyond her consent to the journey.

At the trial without a jury there was evidence from which the court could have found that the petitioners had engaged in illicit sexual relations in the course of each of the journeys alleged; that the man purchased the railway tickets for both petitioners for at least one journey; and that in each instance the woman, in advance of the purchase of the tickets, consented to go on the journey and did go on it voluntarily for the specified immoral purpose.

Issue

Whether the woman could be convicted of conspiracy to violate the Mann Act when there was no evidence that she had violated the Act herself.

The only question which we need consider here is whether, within the principles announced in that case, the evidence was sufficient to support the conviction.

Rule

The Mann Act does not punish a woman for transporting herself; it requires that she aid or assist someone else in her transportation for immoral purposes. A conspiracy charge requires that the agreement to commit an offense be criminal, even if one party cannot commit the substantive offense alone.

Section 2 of the Mann Act (18 U.S.C. s 398 (18 USCA s 398)), violation of which is charged by the indictment here as the object of the conspiracy, imposes the penalty upon ‘any person who shall knowingly transport or cause to be transported, or aid or assist in obtaining transportation for, or in transporting, in interstate or foreign commerce * * * any woman or girl for the purpose of prostitution or debauchery, or for any other immoral purpose.’

Analysis

The Court analyzed whether the woman's consent to her own transportation could support a conspiracy charge. It concluded that since the Mann Act does not penalize a woman for her mere acquiescence in her transportation, her participation could not be deemed criminal under the conspiracy statute. The Court emphasized that the legislative intent of the Mann Act was to not punish women who voluntarily consent to their transportation.

We think it a necessary implication of that policy that when the Mann Act and the conspiracy statute came to be construed together, as they necessarily would be, the same participation which the former contemplates an an inseparable incident of all cases in which the woman is a voluntary agent at all, but does not punish, was not automatically to be made punishable under the latter.

Conclusion

The Supreme Court reversed the convictions of both petitioners, holding that the woman did not violate the Mann Act and could not be guilty of conspiracy to do so.

On the evidence before us the woman petitioner has not violated the Mann Act and, we hold, is not guilty of a conspiracy to do so.

Who won?

Jack Gebardi and the woman prevailed in the case because the Supreme Court found that the evidence was insufficient to support the conspiracy charge against the woman.

The convictions of both petitioners must be reversed.

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