Friday, November 15, 2013

Gebardi v. United States case brief

Gebardi v. United States case brief summary
287 U.S. 112 (1932)

Petitioners, a man and a woman, sought review of a judgment of the Circuit Court of Appeals for the Seventh Circuit, which affirmed petitioners' convictions for conspiracy to violate the Mann Act, 18 U.S.C.S. § 397 et seq.

Petitioners were indicted for conspiring together to transport the woman from one state to another for the purpose of engaging in sexual intercourse with the man.


  • On review, the Court found that the mere acquiescence of the women transported was not intended to be condemned by the general language of the Mann Act punishing those who aided and assisted the transporter. 
  • The Government argued that the woman could be convicted of conspiracy even if she could not commit the substantive offense. 
  • The Court determined that the failure of the Mann Act to condemn the woman's participation in those transportations which were effected with her mere consent was evidence of an affirmative legislative policy to leave her acquiescence unpunished. 
  • The Court concluded that the woman was not guilty of a conspiracy to violate the Mann Act and that there was no proof that the man conspired with anyone else to bring about the transportation.

The Court reversed petitioners' convictions.

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