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UNITED STATES v. GAY

No. 77-1937.

577 F.2d 465 (1978)

UNITED STATES of America, Appellee, v. Robert James GAY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 20, 1978.

Attorney(s) appearing for the Case

Wayne F. Gilbert (on brief), Gunderson, Farrar, Aldrich, Warder & DeMersseman, Rapid City, S. D., argued, for appellant.

David V. Vrooman, U. S. Atty., Sioux Falls, S. D., argued and on brief, for appellee.

Before BRIGHT, Circuit Judge, INGRAHAM, Senior Circuit Judge, and STEPHENSON, Circuit Judge.

STEPHENSON, Circuit Judge.

Robert James Gay, an Indian, appeals his jury conviction on one count of assault with a dangerous weapon within Indian country, in violation of 18 U.S.C. §§ 1153 and 113(c).1 Appellant Gay's sole contention is that the indictment is fatally defective because it charges an assault against "campers" but does not give the campers' names. We affirm.

At trial, the evidence tended to show that on...

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