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UNITED STATES v. BEAR RIBS

No. 77-1350.

562 F.2d 563 (1977)

UNITED STATES of America, Appellee, v. Terrance BEAR RIBS, Sr., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 19, 1977.

Certiorari Denied November 28, 1977.

Attorney(s) appearing for the Case

Bruce Cutler, Aberdeen, S. D., for appellant.

Robert D. Hiaring, Asst. U. S. Atty., Sioux Falls, S. D., (argued), David V. Vrooman, U. S. Atty., and Mark Falk, Legal Intern., on brief, for appellee.

Before GIBSON, Chief Judge, and LAY and HEANEY, Circuit Judges.

PER CURIAM.

Terrance Bear Ribs, Sr., appeals from his conviction of rape in violation of 18 U.S.C. §§ 1153, 2031, and of carnal knowledge of a female under the age of sixteen in violation of 18 U.S.C. §§ 1153, 2032. We affirm.

Bear Ribs contends that the trial court should have instructed the jury that assault is a lesser included offense of the crime of carnal knowledge.1 In order for one crime to be a lesser...

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