UNITED STATES v. HARVEY

No. 24560.

428 F.2d 782 (1970)

UNITED STATES of America, Appellee, v. Samuel HARVEY, Appellant.

United States Court of Appeals, Ninth Circuit.

June 22, 1970.


Attorney(s) appearing for the Case

Erik M. O'Dowd (argued), Tucson, Ariz., for appellant.

Ann Bowen (argued), Asst. U. S. Atty., Richard K. Burke, U. S. Atty., John L. Augustine, Asst. U. S. Atty., Tucson, Ariz., for appellee.

Before BARNES, HAMLEY and WRIGHT, Circuit Judges.


HAMLEY, Circuit Judge:

Samuel Harvey, an Indian, shot John Antone, also an Indian, with a .22 caliber rifle on the Papago Indian Reservation in Arizona. Pursuant to 18 U.S.C. § 1153, as amended, the federal grand jury indicted Harvey for having violated Ariz.Rev.Stats. § 13-249, as amended, "Assault with deadly weapon or force." At trial the jury found Harvey guilty as charged, and the district court entered a judgment of conviction and imposed sentence...

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