People v. Jackson

WOOD, J. Defendant was charged with the crime of pandering. He admitted the allegations of the information that he had been convicted of felonies three times previously and had served terms in penitentiaries therefor. In a jury trial herein he was convicted of attempted pandering, “a lesser included offense as charged in the information.” Defendant appears in propria persona on this appeal. His purported notice of appeal states in part that “I am making a motion for appeal,” and that the “Motion is to appeal the verdict of guilty of Attemp— Pandering & was sentenced by you on June 21st 1946.” It will be regarded as an appeal from the judgment.

Appellant’s contention that the evidence was insufficient to support the judgment is not sustained. About April 1, 1946, appellant went to a photograph studio where the complaining witness, Miss Cooper, was employed, and gave her a telephone number and told her to call him. He returned that afternoon and told her he knew where she could get another job which would pay more money. When she asked him what work it was he said, ‘1 call house. ’ ’ Two days later appellant and a girl went to see her and he told her that she could get more money working in a house of prostitution; that he wanted her to go to his apartment to work for him; that she was to have sexual intercourse with men; that she could make $300 or $400 a week “turning tricks.” About a week later he gave her a suit of clothes. Soon thereafter a note, which was in his handwriting, was delivered to her by a girl, and the note stated: “This is the key and address. I is for the upper lock. You can just forget about these . . . jobs up here altogether, and I am expecting you tonite.” With the note there was a key to which was attached a ticket, reading “510-% East Fifth Street, Apartment 405.” Another note in his handwriting, which was delivered to her at another time by a girl, stated; “The sooner you can get away the better. I’ve had a couple of pretty fair deals but couldn’t hold them until 11:30. ’Phone me and I will tell you all about things. This kid works out of the place at times. ” She received four notes from him. On April 12,1946, he returned [388]in an automobile and gave her his telephone number. She telephoned to him about 4 p. m., and he said he wanted her to leave her work then and go to Ms apartment because he had a trick for her. She replied that she could not get away until 11:30 p. m.

After she received the first note above mentioned she reported the matter to the police. A police officer instructed a Miss Paige to go with Miss Cooper to appellant’s apartment. It was arranged that a police officer would follow them there, and that other officers would go to the vicinity of the apartment and await developments. About 10:30 p. m. on April 12, 1946, Miss Cooper and Miss Paige met for the first time. They left the studio about midnight and were walking down Fifth Street when appellant came along in an automobile, stopped and asked them to get in, and they got in the back seat. He said they were going to a bar for a few minutes., Appellant said sometMng about prostitution and “turning tricks,” and Miss Paige, in compliance with instructions from the police, told him she wanted to make some money and asked if she could stay in his room and work for him. He said that they were to live in his apartment and to “take tricks” there. They were taken to a saloon four doors from his room where they stayed about twenty minutes. He introduced the girls to the bartender and told him they were going to work for appellant; that Paige would work in the bar as a front while actually “taking calls,” and Cooper would stay in his apartment. He also introduced a colored man to Cooper and said he was the man who wanted to come up. Then appellant and the girls went to his room, number 405, at 510% East Fifth Street, and he unlocked the door. On the way there he paid the landlady $5.00 and the girls signed the register for two other rooms. When they were in his room he told them they were to “turn tricks” in his room every evening, and that the colored man in the saloon was a steady customer for sexual intercourse and was one who would give Cooper $10, and that appellant would take $5.00 of that amount. He then left the room, stating that he was going to the bar to get that man, and in a few minutes he returned with him. Appellant told Cooper, in the presence of the man, that she was to have sexual intercourse with that man for $10, and he told Paige that there was another man for her down the hall. At that time the police officers entered the room and arrested appellant.