v2673-1080

12

On the second count, we have the undenied testi-

mony of the victim that appellant solicited her in

Seattle to engage in prostitution, and again in Port-

land, Oregon.

The fact that appellant did not accomplish his

purpose is entirely beside the point.

Quails V. United States, 149 F. (2d) 891.

The jury had the right to consider all of the

surrounding circumstances and it is idle to argue

that the Government must produce a photographic

copy of appellant's mind to show his intent. Intent

is usually determined by circumstances coupled with

actions, and the jury in this case apparently added

facts to circumstances as disclosed by the evidence

and reached the conclusion that the facts and cir-

cumstances proved to their satisfaction beyond a rea-

sonable doubt that defendant was guilty as charged

in both counts.

ALLEGED INADMISSIBLE EVIDENCE

The argument of counsel on this question is so

palpably without merit that it is not worthy of notice.

ALLEGED MISCONDUCT OF

GOVERNMENT COUNSEL

Grasping at straws in their desperate effort to

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