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LOPEZ v. UNITED STATES

No. 22525.

399 F.2d 865 (1968)

Clarence James LOPEZ, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

August 19, 1968.

Attorney(s) appearing for the Case

David S. Wine (argued), Tucson, Ariz., for appellant.

Rubin Salter, Jr. (argued) Asst. U. S. Atty., Phoenix, Ariz., Edward E. Davis, U. S. Atty., Tucson, Ariz., for appellee.

Before POPE and KOELSCH, Circuit Judges, and BOLDT, District Judge.

POPE, Circuit Judge:

Appellant, an Indian of the age of sixteen years at the time here involved, was charged with violation of Title 18 Section 1153, in that on or about May 4, 1967, he did kill one Xavier Rios, a Papago Indian, by forcibly and maliciously striking and killing him. The decedent was defendant's grandfather. Upon being advised by the court of his right to prosecution by indictment and trial by jury, defendant...

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