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JOHNSON v. UNITED STATES

No. 21145.

370 F.2d 495 (1966)

Calos Ortiz JOHNSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

December 30, 1966.

Attorney(s) appearing for the Case

Maurice M. Stern, R. Lamar Couser, Tucson, Ariz., for appellant.

William Copple, U. S. Atty., John L. Augustine, Asst. U. S. Atty., Phoenix, Ariz., for appellee.

Before BARNES and HAMLEY, Circuit Judges, and BYRNE, District Judge.

PER CURIAM.

Appellant, an American Indian, was convicted (with a co-defendant who has not appealed) of breaking and entering at nighttime the White River Trading Post, located within the territorial confines of the Fort Apache Indian Reservation in Arizona. (18 U.S.C. § 1153.)1 Under the law of Arizona, burglary is defined as "entering a building * * * [or] shop * * * with intent to commit grand or petty theft, or any felony * * ...

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