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UNITED STATES v. FINCH

No. 75-2149.

548 F.2d 822 (1977)

UNITED STATES of America, Plaintiff-Appellant, v. James Junior FINCH, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 3, 1977.

Attorney(s) appearing for the Case

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

Robert W. Holmstrom (argued), of Longan & Holmstrom, Billings, Mont., for defendant-appellee.

Before CHAMBERS and KENNEDY, Circuit Judges, and WONG, District Judge.

Rehearing En Banc Denied March 3, 1977.

KENNEDY, Circuit Judge:

This case began when James Junior Finch stood on a bank of the Big Horn River and cast a fishing lure into the waters. He was charged by information with trespassing on Indian lands, a violation of 18 U.S.C. § 1165. The bank and the bed of the Big Horn River at the point where Finch stood lie within the exterior boundaries of the Crow Indian Reservation. All concede that the State of Montana...

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