People v. Giambone

[339]

SHINN, P. J.

This is an appeal from an order denying a motion for a new trial following two convictions in a nonjury trial of violations of Act 1907, Deering’s General Laws, volume 1, page 856, in that on April 4, 1952 and on April 8, 1952, knowing one “Jennie” to be a prostitute, defendant did solicit and receive compensation for soliciting for said prostitute and lived and derived support and maintenance in whole or in part from the earnings and proceeds of the prostitution. Defendant's motion for new trial was denied and he was placed on probation upon the condition, among others, that he serve 6 months in the county jail. He gave notice of appeal from the order denying his motion for a new trial.

The statute creates separate offenses, namely, soliciting for a prostitute, and living and deriving support and maintenance from the earnings of prostitution. The information, in each count, charged the offenses in the conjunctive. The soliciting feature is not discussed in the briefs. The sole question argued is whether there was sufficient evidence that defendant lived and derived support and maintenance from the earnings of prostitution.

There was evidence of the following* facts: Officers installed a microphone in an apartment over which they heard defendant call “Bonnie” (evidently an abbreviation of “Jennie’s” middle name), and ask her to come to the apartment ; the girl came as directed, was given a telephone number by defendant, called the number and arranged an assignation with a man; defendant called a cab for her which took her to the arranged destination; presently she returned, exhibited $50 as the proceeds of her visit and divided the same equally with defendant. On this occasion the girl admitted she had received $25 for another “trick” and, upon demand of defendant, divided it with him. Pour days later defendant telephoned the girl again, she came to the apartment as directed, received a telephone number from defendant, called the number and arranged another assignation. In the meantime defendant telephoned one Lou Delgado to come over, saying the girl was going to do a trick for $50 and he, defendant, would get $25. Delgado appeared and he, defendant and the girl left together. The girl kept her appointment. Defendant and Delgado returned to the apartment; the girl later returned and when questioned by defendant as to how much she had received produced $50 and was then heard to say: “Sal, do not grab.” The girl testified that she was 18 years of age, that on her first appointment she received $75 of which she