Krulewitch v. United States
336 U.S. 440 (1949)

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U.S. Supreme Court

Krulewitch v. United States, 336 U.S. 440 (1949)

Krulewitch v. United States

No. 143

Argued January 10, 1949

Decided March 28, 1949

336 U.S. 440

Syllabus

Petitioner was convicted in a federal district court for inducing a woman (the complaining witness) to go from New York to Florida for the purpose of prostitution, transporting her from New York to Miami for that purpose, and conspiring with another woman to commit those offenses. At his trial, there was admitted in evidence over his objection testimony concerning a statement made by the coconspirator to the complaining witness more than six weeks after the transportation to Miami had been completed, which implied that petitioner was guilty and suggested concealing his guilt.

Held:

1. The hearsay declaration attributed to the coconspirator was not admissible on the ground that it was made in furtherance of the conspiracy to transport. Pp. 336 U. S. 441-443.

2. Nor was it admissible on the ground that it was in furtherance of a continuing subsidiary phase of the conspiracy -- i.e., an implied agreement to conceal the crime. Pp. 336 U. S. 443-444.

3. Since it cannot be said on the record in this case that the erroneous admission of the hearsay declaration may not have tipped the scales against petitioner, it cannot be considered a harmless error under 28 U.S.C. (1946 ed.) § 391, and the conviction is reversed. Pp. 336 U. S. 444-445.

167 F.2d 943, reversed.

Petitioner was convicted in a federal district court of violations of the Mann Act and of conspiracy to commit those offenses, 18 U.S.C. §§ 88, 398, 399 (now 18 U.S.C. §§ 371, 2421, 2422). The Court of Appeals affirmed. 167 F.2d 943. This Court granted certiorari. 335 U.S. 811. Reversed, p. 336 U. S. 445.

Page 336 U. S. 441

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