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UNITED STATES v. IVES

No. 77-2961.

574 F.2d 1002 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Louis Joseph Marion Marvin IVES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 10, 1978.

Attorney(s) appearing for the Case

Mark E. Vovos (argued), Spokane, Wash., for defendant-appellant.

Robert S. Linnell, Asst. U. S. Atty. (argued), Spokane, Wash., for plaintiff-appellee.

Before ELY and CHOY, Circuit Judges, and HALL, District Judge.

CHOY, Circuit Judge:

Louis Joseph Marion Marvin Ives appeals his conviction for murder on an Indian reservation in violation of 18 U.S.C. §§ 1111 and 1153. We reverse.

I

Ives' appeal is before us for the third time. We first affirmed his conviction in United States v. Ives, 504 F.2d 935 (9th Cir. 1974) (Ives I). The Supreme Court granted certiorari, 421 U.S. 944, 95 S.Ct. 1671, 44 L.Ed.2d...

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