GARRECHT, Circuit Judge.
The appellant, James Andreas, an Indian belonging to the Mission Tribe and living on the Torres Martinez Indian Reservation, reserved for that tribe in the Southern District of California, was indicted for violation of section 328, Federal Penal Code (18 USCA § 548), the crime of rape on a female Indian under the age of 18 years, committed on or about the 18th day of April, 1933, on the aforesaid Indian reservation, within the exclusive...
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