UNITED STATES v. LITTLE BOY

No. 78-1066.

578 F.2d 211 (1978)

UNITED STATES of America, Appellee, v. Richard LITTLE BOY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 26, 1978.


Attorney(s) appearing for the Case

Richard O. Sharpe of Costello, Porter, Hill, Nelson, Heisterkamp & Bushnell, Rapid City, S. D., for appellant.

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

Before HEANEY and BRIGHT, Circuit Judges, and MacLAUGHLIN, District Judge.


PER CURIAM.

Richard Little Boy appeals from a conviction for rape in violation of 18 U.S.C. §§ 1153, 2031 (1976). We reverse.

Little Boy admitted being present at the scene of the rape but denied participating. The prosecution's case implicating him rested solely on the testimony of the victim and of two acknowledged participants in the offense, Wayne High Hawk and Val High Hawk.

On direct examination, Wayne High Hawk described his participation...

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