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MAXWELL v. UNITED STATES

No. 19942.

368 F.2d 735 (1966)

John Henry MAXWELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

November 7, 1966.

Attorney(s) appearing for the Case

Dan M. Kinter, Santa Cruz, Cal., for appellant.

William P. Copple, U. S. Atty., Henry L. Zalut, Asst. U. S. Atty., for appellee.

Before HAMLEY, HAMLIN and KOELSCH, Circuit Judges.

HAMLEY, Circuit Judge.

John Henry Maxwell was indicted for first degree murder committed in Indian country, in violation of 18 U.S.C. §§ 1111 and 1152 (1964). He pleaded not guilty. At his trial the jury returned a verdict of guilty of murder in the first degree "without capital punishment."1 A judgment of conviction and sentence to imprisonment for life was entered, from which Maxwell...

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