STATE v. ATTEBERY

No. 2703.

110 Ariz. 354 (1974)

519 P.2d 53

STATE of Arizona, Appellee, v. Dennis Patrick ATTEBERY, Appellant.

Supreme Court of Arizona, In Banc.

Rehearing Denied March 19, 1974.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by Thomas A. Jacobs, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender, by Rudy Gerber, Deputy Public Defender, Phoenix, for appellant.


STRUCKMEYER, Justice.

Appellant, Dennis Patrick Attebery, was charged with and, after a trial to the court, was convicted of the crime of rape of his 10-year-old sister-in-law, a non-Indian. The offense was committed west of Phoenix, Arizona within the boundaries of the Gila River Indian Reservation. On this appeal, appellant first urges that the State court lacked jurisdiction over the offense because he is part Indian.

Under 18 U.S.C.A., § 1153, any...

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