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  5. 596 F.2d 790 (1979)
 

UNITED STATES v. WOUNDED KNEE

Nos. 78-1745, 78-1749.

596 F.2d 790 (1979)

UNITED STATES of America, Appellee, v. Spencer Daniel WOUNDED KNEE, Appellant. UNITED STATES of America, Appellee, v. Nathan Alan WITH HORN, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 4, 1979.

Rehearing and Rehearing Denied May 1, 1979.

Certiorari Denied June 4, 1979.

Attorney(s) appearing for the Case

Robert C. Riter, Jr., Riter, Mayer, Hofer & Riter, Pierre, S.D., on brief for appellant, Wounded Knee.

Harold H. Deering, Jr., May, Adam, Gerdes & Thompson, Pierre, S. D., on brief for appellant, With Horn.

David V. Vrooman, Special Asst. U.S. Atty., Sioux Falls, S. D., for appellee; Robert D. Hiaring, U.S. Atty., and Gary G. Colbath, Asst. U.S. Atty., Sioux Falls, S. D., on briefs.

David L. Bergren, Fort Pierre, S. D., filed amicus brief for Crow Creek Sioux Tribe.

Before MATTHES, Senior Circuit Judge, HENLEY, Circuit Judge, and NANGLE, District Judge.

Rehearing and Rehearing En Banc Denied May 1, 1979.

MATTHES, Senior Circuit Judge.

Defendants Spencer Daniel Wounded Knee and Nathan Alan With Horn were jointly indicted, tried and found guilty of rape in violation of 18 U.S.C. §§ 1153 and 2031.1 The only contested issue at trial was whether the United States government was vested with jurisdiction. Defendants challenged jurisdiction by pre-trial motions to dismiss. After...

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