UNITED STATES v. APPAWOO

Nos. 76-1024, 76-1056.

553 F.2d 1242 (1977)

UNITED STATES of America, Appellant, v. Ronnie APPAWOO and Gerald Mountainlion, Appellees. UNITED STATES of America, Appellant, v. Ernest Rabbit CASEY, Appellee.

United States Court of Appeals, Tenth Circuit.

Decided April 28, 1977.


Attorney(s) appearing for the Case

Kenneth S. Geller and John P. Rupp, Attys., Dept. of Justice, Washington, D. C. (Richard L. Thornburgh, Asst. Atty. Gen., and Ramon M. Child, U. S. Atty., Salt Lake City, Utah, with them on the Brief), for appellant.

Charles C. Brown, Salt Lake City, Utah, for appellees, Ronnie Appawoo and Gerald Mountainlion.

Brant H. Wall, Salt Lake City, Utah (Gregory B. Wall, Salt Lake City, Utah, with him on the Brief), for appellee, Ernest Rabbit Casey.

Before SETH and HOLLOWAY, Circuit Judges, and CHILSON, United States Senior District Judge.


SETH, Circuit Judge.

The Government has taken these appeals from the granting of motions for acquittal entered by Judge Ritter in the United States District Court for the District of Utah.

I.

In United States v. Casey, No. 76-1056, an information was filed against the defendant, an American Indian, charging an assault with deadly weapons resulting in serious injury of another Indian in Indian country in violation of 18 U.S.C. § 1153....

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