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GRAY v. UNITED STATES

No. 21409.

394 F.2d 96 (1967)

Wilson GRAY, Wesley Gray, James L. Frank, and Tully Tsosie, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

As Revised on Denial of Rehearing May 2, 1968.

Attorney(s) appearing for the Case

Lawrence C. Cantor, Phoenix, Ariz., for appellant Wilson Gray.

Arthur W. Vance, Jr., Window Rock, Ariz., for appellant James L. Frank.

Edward C. Rapp, Phoenix, Ariz., for appellant Wesley Gray.

Philip J. Shea, Phoenix, Ariz., for appellant Tully Tsosie.

Richard C. Gormley (now Edward Davis), U. S. Atty., Lawrence Turoff, Asst. U. S. Atty., Phoenix, Ariz., for appellee.

Before CHAMBERS and BARNES, Circuit Judges, and VON DER HEYDT, District Judge.

VON DER HEYDT, District Judge.

Now, therefore, the said opinion dated September 15, 1967, in the above entitled cause, is hereby withdrawn; and a new opinion is ordered to be filed, as follows:

On August 24, 1965, the appellants, all Indians, were indicted by the Grand Jury of the United States District Court of Arizona for violation of Title 18, U.S. Code, Section 1153, the crime of Rape on an Indian Reservation. All appellants entered pleas of "Not Guilty...

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