UNITED STATES v. LONE BEAR

No. 78-1231.

579 F.2d 522 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Adelbert LONE BEAR and Merceline Cynthia Red Boy, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

July 31, 1978.


Attorney(s) appearing for the Case

Robert L. Zimmerman, Asst. U.S. Atty. (No Appearance), Billings, Mont., for defendants-appellants.

Francis J. McCarvel (argued), Glasgow, Mont., for plaintiff-appellee.

Before BROWNING, CARTER and ANDERSON, Circuit Judges.


J. BLAINE ANDERSON, Circuit Judge:

On November 3, 1977, appellant Lone Bear, an Indian, was indicted for the rape of one Angeline Shoots within the boundaries of the Fort Peck Indian Reservation in violation of 18 U.S.C. 1153 and 2031. Appellant Red Boy, another Indian, was also indicted for the rape, as well as aiding and abetting (18 U.S.C. 2). Appellants were tried by jury and convicted. They appealed. We affirm.

Since the facts here are really not at issue...

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