TALBOT SMITH, Senior District Judge.
The case before us presents as the principal issue the retroactivity of a new rule of criminal procedure relating to lesser-included offenses.
The background of facts is relatively simple. The defendant, an Indian, subsequent to a drinking fracas in which he allegedly stabbed several persons, was brought to trial under an indictment charging violation of 18 U.S.C. § 1153, specifically, that he did maliciously stab...
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