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UNITED STATES v. TALK

No. 133-69.

418 F.2d 53 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Truman TALK, Defendant-Appellant.

United States Court of Appeals Tenth Circuit.

November 20, 1969.

Attorney(s) appearing for the Case

Martin E. Threet, Albuquerque, N. M., for defendant-appellant.

Victor R. Ortega, U. S. Atty. (Ruth C. Streeter, former U. S. Atty., and John A. Babington, Asst. U. S. Atty., on the brief), for plaintiff-appellee.

Before MURRAH, Chief Judge, LEWIS, Circuit Judge, and THEIS, District Judge.

THEIS, District Judge.

Appellant in this case was charged with the crime of rape on an Indian Reservation, in violation of 18 U.S.C.A. § 1153. In the first trial the jury was unable to reach a verdict. At a second trial he was tried again, convicted, and sentenced to twenty years in prison, with provisions for parole as set forth in 18 U.S.C.A. § 4208(a) (2).

The facts are simple. On the night of July 12...

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