JOHNSEN, Circuit Judge.
Clarence Emery was indicted, tried to a jury and convicted, under 35 Stat. 1151, 18 U.S.C.A. § 549, for stealing a cow on the Rosebud Indian Reservation in the State of South Dakota.
His first assignment of error is the denial of his motion for a mistrial, after one of the jurors had fainted during the proceedings. The ailing juror was taken to the adjacent offices of the United States Attorney, by two of his fellow jurors, until...
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