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UNITED STATES v. LONGEE

Nos. 78-3565, 78-3566.

603 F.2d 1342 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Samuel LONGEE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. James Edward CHASER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 25, 1979.

Attorney(s) appearing for the Case

Gary E. Wilcox, Billings, Mont., Francis J. McCarvel, Glasgow, Mont., for defendants-appellants.

Lorraine D. Gallinger, Asst. U. S. Atty., Billings, Mont., for plaintiff-appellee.

Before WRIGHT and WALLACE, Circuit Judges, and PALMIERI, District Judge.

PALMIERI, District Judge.

The defendants appeal from judgments of conviction for voluntary manslaughter, in violation of 18 U.S.C. §§ 11121 and 1153,2 after a trial to the court, a jury having been waived, following the death of David Marcus Fast Horse by a gunshot wound in the head in the Fort Peck Indian Reservation, Montana, on April 26, 1978.

The factual background established by the record...

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