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DAVIS v. UNITED STATES

No. 5629.

32 F.2d 860 (1929)

DAVIS v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

May 13, 1929.

Attorney(s) appearing for the Case

Collier, Collier & Bernard and J. N. Helgerson, all of Portland, Ore., for appellant.

George Neuner, U. S. Atty., and Forrest E. Littlefield and J. W. McCulloch, Asst. U. S. Attys., all of Portland, Or.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

GILBERT, Circuit Judge.

The appellant was convicted of murder in the first degree upon an indictment that charged that he, an Indian within the confines of the Klamath Indian Reservation, the same being Indian country, did on January 2, 1928, with malice aforethought, kill Lawrence Walker, an Indian. The record showed that the appellant was regularly enrolled as a Klamath Indian, and had been allotted lands within the Klamath Indian Reservation, which the government...

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