ARPAN v. UNITED STATES

No. 15809.

260 F.2d 649 (1958)

Clayton ARPAN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied December 1, 1958.


Attorney(s) appearing for the Case

Robert H. Allen, Phoenix, Ariz. (Flynn & Allen, Phoenix, Ariz., on the brief), for appellant.

Clinton G. Richards, U. S. Atty., Sioux Falls, S. D. (Lyle E. Cheever, Asst. U. S. Atty., Sioux Falls, S. D., on the brief), for appellee.

Before GARDNER, Chief Judge, JOHNSEN, Circuit Judge, and DUNCAN, District Judge.


JOHNSEN, Circuit Judge.

Appellant, a 29-year old Indian, was charged with having murdered his wife, in the second degree, on the Cheyenne Indian Reservation in South Dakota. He was found guilty by a jury and was sentenced by the court to 15 years imprisonment. Federal jurisdiction rests on 18 U.S.C.A. §§ 1153 and 1111.

The wife was shot in the brain, by a bullet from a .22 caliber pistol belonging to appellant — the fatality having occurred...

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