GUITH v. UNITED STATES

No. 14848.

230 F.2d 481 (1956)

Chester GUITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied March 16, 1956.


Attorney(s) appearing for the Case

John M. McCarvel, Great Falls, Mont., for appellant.

Krest Cyr, U. S. Atty., Michael J. O'Connell, Frank M. Kerr, Asst. U. S. Attys., Butte, Mont., for appellee.

Before HEALY and LEMMON, Circuit Judges, and MATHES, District Judge.


PER CURIAM.

Appellant brings this appeal from a judgment of conviction of statutory rape of an Indian girl.

Although the indictment charged violation of 18 U.S.C. § 1152, the district judge instructed the jury that the statute upon which the indictment properly rested was 18 U.S.C. § 2032. This error in citation of the statute alleged to have been violated did not mislead the accused to his prejudice, and so is not ground for reversal of the conviction...

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