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UNITED STATES v. JOE

No. 71-1151.

452 F.2d 653 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Peter H. JOE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied January 26, 1972.

Attorney(s) appearing for the Case

Victor R. Ortega and Richard J. Smith, Asst. U. S. Atty., Albuquerque, N. M., for plaintiff-appellee.

Jack L. Love, Albuquerque, N. M., for defendant-appellant.

Before HOLLOWAY and DOYLE, Circuit Judges, and DAUGHERTY, District Judge.

DAUGHERTY, District Judge.

The Defendant-Appellant Joe was convicted of rape within the Indian country in violation of 18 U.S.C. § 1153.1 Both the Defendant and the victim were Indians.

At the trial the Defendant tendered requested jury instructions which provided that the Defendant could be convicted of "simple assault," "battery" or "attempted rape" as lesser included offenses of...

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