UNITED STATES v. ENOS

No. 71-1599.

453 F.2d 342 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Lewis ENOS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied February 15, 1972.


Attorney(s) appearing for the Case

Gordon S. Kipps, Tucson, Ariz., for defendant-appellant.

Richard K. Burke, U. S. Atty., James E. Mueller, Asst. U. S. Atty., Tucson, Ariz., for plaintiff-appellee.

Before CHAMBERS, DUNIWAY and TRASK, Circuit Judges.


PER CURIAM:

Enos, an Indian, was convicted of an assault with a dangerous and deadly weapon upon Amelia Jesus, another Indian. The offense is described in 18 U. S.C. § 1153, and is defined in Ariz.Rev. Stat. § 13-249. We affirm.

The testimony of every witness to the event, including the victim and Enos, is the same; Enos suddenly approached the victim from behind, and stabbed her in the back, on the right side, about six inches below the armpit,...

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