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UNITED STATES v. EDWARDS

No. 76-1483.

539 F.2d 689 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Eddie Arden EDWARDS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 5, 1976.

Attorney(s) appearing for the Case

Jo Ann D. Diamos, Federal Public Defender, Tucson, Ariz. (argued) for defendant-appellant.

William Vogel, Asst. U.S. Atty., Tucson, Ariz. (argued), for plaintiff-appellee.

Before BARNES and KENNEDY, Circuit Judges, and EAST, District Judge.

OPINION

ANTHONY M. KENNEDY, Circuit Judge:

Edwards appeals from a conviction of rape committed on the San Carlos Apache Indian reservation. 18 U.S.C. §§ 2031, 1153. We consider his contentions after stating the facts.

Appellant and one Herbert Newman had been drinking heavily during the evening of October 31 and the early morning hours of November 1, 1975. As they were leaving Globe, Arizona on U. S. Highway 70, they picked up a girl who...

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