JOHNSON v. UNITED STATES

No. 16371.

267 F.2d 813 (1959)

Wayne JOHNSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

June 24, 1959.


Attorney(s) appearing for the Case

John C. Wesley, Phoenix, Ariz., for appellant.

Jack D. H. Hays, U. S. Atty., William A. Y. Holohan, Asst. U. S. Atty., Phoenix, Ariz., for appellee.

Before POPE, STEPHENS and HAMLIN, Circuit Judges.


POPE, Circuit Judge.

Appellant is an Indian who formerly lived on the Gila River Indian Reservation in Arizona where the events here described occurred. According to his own testimony, he was driving in his car, accompanied by four juveniles, also Indians, on July 5, 1956. Appellant was then 27 years of age; two of his companions were 17, and two were 15. The boys wanted to return to a tavern where they had been before, so they could attack another Indian, one Antone...

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