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UNITED STATES v. HENRY

No. 77-1713.

560 F.2d 963 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Edward HENRY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

September 12, 1977.

Attorney(s) appearing for the Case

Jerome M. Polaha, Reno, Nev., submitted brief for defendant-appellant.

Leland E. Lutfy, Asst. U.S. Atty., Reno, Nev., submitted brief for plaintiff-appellee.

Before CARTER and TRASK, Circuit Judges, and BURNS, District Judge.

BURNS, District Judge.

This is an appeal from a conviction for rape by an Indian within Indian country, 18 U.S.C. §§ 1153 and 2031.

Appellant claims the trial court erred:

a) in allowing the defense to call but two of four requested character witnesses; b) in refusing to give a cautionary instruction on rape.

Appellant also claims the evidence was insufficient. We affirm.

FACTS

On the afternoon of November...

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