MASSEY v. UNITED STATES

No. 22884.

407 F.2d 1126 (1969)

Toledo MASSEY and Fernando Burnette, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

February 20, 1969.


Attorney(s) appearing for the Case

Daniel K. Lamont, Tucson, Ariz., for Toledo Massey.

Maurice Stern, Tucson, Ariz., for Fernando Burnette.

Edward E. Davis, U. S. Atty., Jo Ann D. Diamos, Rubin Salter, Jr., Asst. U. S. Attys., Tucson, Ariz., for appellee.

Before MERRILL and BROWNING, Circuit Judges, and STEPHENS, District Judge.


STEPHENS, District Judge:

This is an appeal from the judgment and conviction in the United States District Court for a violation of 18 U.S.C. § 1153, rape on Indian Reservation. The United States District Court has jurisdiction pursuant to 18 U.S.C. § 3231, and this Court has jurisdiction under the provisions of 28 U.S.C. § 1291.

The prosecutrix, Evangeline Gatewood, age 17, and the appellants are members of the White Mountain Apache Indian...

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