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MARTELL v. UNITED STATES

No. 14520.

195 F.2d 439 (1952)

MARTELL v. UNITED STATES.

United States Court of Appeals Eighth Circuit.

April 3, 1952.

Attorney(s) appearing for the Case

Gregory Martell, pro se.

P. W. Lanier, U. S. Atty., and Harry Lashkowitz, Asst. U. S. Atty., Fargo, N. D., for appellee.

Before SANBORN, JOHNSEN, and COLLET, Circuit Judges.

PER CURIAM.

Gregory Martell, an Indian more than thirty years of age, upon his waiver of indictment pursuant to Rule 7(b) of the Federal Rules of Criminal Procedure, 18 U.S. C.A., was charged by an information with having forcibly raped a thirteen year old Indian girl on October 18, 1950, within the confines of the Turtle Mountain Indian Reservation in the District of North Dakota. The charge was based upon § 1153, Title 18 U.S.C.A.1

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