UNITED STATES v. WHEELER

No. 23712.

434 F.2d 1195 (1970)

UNITED STATES of America, Appellee, v. Dewayne WHEELER, Appellant.

United States Court of Appeals, Ninth Circuit.

December 2, 1970.


Attorney(s) appearing for the Case

Max F. Parrish (argued), of Parrish & Pincock, Pocatello, Idaho, for appellant.

Jay F. Bates (argued), Asst. U. S. Atty., Sherman F. Furey, Jr., U. S. Atty., Boise, Idaho, for appellee.

Before MADDEN, Judge of the United States Court of Claims, and HAMLEY and ELY, Circuit Judges.


ELY, Circuit Judge:

Wheeler is an Indian. He was convicted of the offense of rape by an Indian within an Indian reservation. 18 U. S.C. § 1153. On this appeal, Wheeler presents several contentions, and a variety of considerations, in combination, have impelled us to the conclusion that Wheeler is entitled to another trial.

The victim of the alleged rape was Wheeler's former wife, Carol Ann Diggie. Almost nine years before the incident in question, Mrs...

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