Harlan F. Stone

Name: Gebardi v. United States — Opinion of the Court
Author: Harlan F. Stone

Gebardi v. United States — Opinion of the Court

Summary

“Gebardi v. United States — Opinion of the Court”, is a work by Harlan F. Stone. It explores elements such as the Mann Act, conspiracy and transportation.

Quotes from Gebardi v. United States — Opinion of the Court (Harlan F. Stone)

Harlan F. Stone, Gebardi v. United States — Opinion of the Court

“ For it is the collective planning of criminal conduct at which the statute aims. The plan is itself a wrong which, if any act be done to effect its object, the state has elected to treat as criminal. Clune v. United States, 159 U.S. 590, 595, 16 S.Ct. 125, 40 L.Ed. 269. And one may plan that others shall do what he cannot do himself. See United States v. Rabinowich, 238 U.S. 78, 86, 87, 35 S.Ct. 682, 59 L.Ed. 1211.
But in this case we are concerned with something more than an agreement between two persons for one of them to commit an offense which the other cannot commit. ”

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Source: Wikisource

Harlan F. Stone, Gebardi v. United States — Opinion of the Court

“ There is the added element that the offense planned, the criminal object of the conspiracy, involves the agreement of the woman to her transportation by the man, which is the very conspiracy charged.
Congress set out in the Mann Act to deal with cases which frequently, if not normally, involve consent and agreement on the part of the woman to the forbidden transportation. In every case in which she is not intimidated or forced into the transportation, the statute necessarily contemplates her acquiescence. ”

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Source: Wikisource

Harlan F. Stone, Gebardi v. United States — Opinion of the Court

“ 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. ”

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Source: Wikisource

Harlan F. Stone, Gebardi v. United States — Opinion of the Court

“ 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. As there is no proof that the man conspired with anyone else to bring about the transportation, the convictions of both petitioners must be
Reversed. ”

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Source: Wikisource

Harlan F. Stone, Gebardi v. United States — Opinion of the Court

“ Section 2 of the Mann Act [1] (18 U.S.C. § 398 (18 USCA § 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. ”

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Source: Wikisource

Harlan F. Stone, Gebardi v. United States — Opinion of the Court

“ 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. There was no evidence supporting the allegation that any other person had conspired. ”

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Source: Wikisource

Harlan F. Stone, Gebardi v. United States — Opinion of the Court

“ United States, 227 U.S. 308, 320, 33 S.Ct. 281, 57 L.Ed. 523, 43 L.R.A. (N.S.) 906, Ann. Cas. 1913E, 905.
The act does not punish the woman for transporting herself; it contemplates two persons-one to transport and the woman or girl to be transported. ”

Harlan F. Stone

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