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UNITED STATES v. LILLY

No. 74-1063.

512 F.2d 1259 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Steven Wayne LILLY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 11, 1975.

Attorney(s) appearing for the Case

Richard Carstensen (argued), Billings, Mont., for defendant-appellant.

Keith Burrowes, Asst. U. S. Atty. (argued), Billings, Mont., for plaintiff-appellee.

Before MERRILL and ELY, Circuit Judges, and REAL, District Judge.

OPINION

MERRILL, Circuit Judge:

Appellant and two companions, all members of the Assiniboin Indian Tribe, after an evening spent drinking beer at several different parties or locations, decided at 1:30 a. m. to obtain more beer from an establishment located on the Fort Peck Indian Reservation. At that establishment an altercation occurred, the proprietor was shot and killed and beer was stolen.

Appellant was indicted for first-degree murder as defined...

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