DUFFY, District Judge.
A jury having been waived, the defendant was tried before the court on a charge of murder. The evidence disclosed that on October 3, 1942, Fred Shawano, Raymond King, and Elmer Moses Corn, the defendant herein, each young Menominee Indians ranging from 21 to 23 years of age, and one Kawkow Notinokey, an Indian aged about 54, drove to Phlox and Matoon, which are communities beyond the limits of the Menominee Indian Reservation, and purchased...
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