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TOOISGAH v. UNITED STATES

No. 2652.

137 F.2d 713 (1943)

TOOISGAH v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

August 5, 1943.

Attorney(s) appearing for the Case

Lee Williams, of Oklahoma City, Okl. (Herbert K. Hyde, of Oklahoma City, Okl., and Roy St. Lewis, of Washington, D. C., on the brief), for appellant.

Charles E. Dierker, U. S. Atty., of Oklahoma City, Okl. (John Brett, Asst. U. S. Atty., of Oklahoma City, Okl., on the brief), for appellee.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

MURRAH, Circuit Judge, delivered the opinion of the court.

The appellant, Phillip Tooisgah, a full-blood Apache Indian, was indicted in the Western District of Oklahoma; was tried, convicted, and sentenced to life imprisonment for the murder of Lucy Tahdooahnippah, a full-blood Comanche Indian. Federal jurisdiction is sustained under R.S. Sec. 2145, 25 U.S.C.A. § 217, and Sec. 328 Criminal Code, 35 Stat. 1151, 18 U.S.C.A. § 548, by a stipulation on this...

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