UNITED STATES v. CHEE

No. 24649.

422 F.2d 52 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Sammy Becenti CHEE, Defendant-Appellant.

United States Court of Appeals Ninth Circuit.

Rehearing Denied February 16, 1970.


Attorney(s) appearing for the Case

Lawrence C. Cantor (argued), Phoenix, Ariz., for appellant.

Lawrence Turoff (argued), Asst. U. S. Atty., Richard K. Burke, U. S. Atty., Phoenix, Ariz., for appellee.

Before BARNES, DUNIWAY and ELY, Circuit Judges.


DUNIWAY, Circuit Judge:

Chee and one George Roanhorse were charged with assault with a deadly weapon in violation of 18 U.S.C. § 11531 and Ariz.RS § 13-249, subsec. A and assault with intent to commit rape in violation of 18 U.S.C. § 1153 and Ariz.RS § 13-252. In a separate trial Chee was acquitted of the first charge and found guilty of the second charge. He appeals.

At the trial the victim testified that she...

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