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UNITED STATES v. CHAPMAN

No. 78-2015.

615 F.2d 1294 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth R. CHAPMAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided February 15, 1980.

Attorney(s) appearing for the Case

Richard J. Smith, Asst. U.S. Atty., Albuquerque, N.M. (R. E. Thompson, U.S. Atty. and Robert Bruce Collins, Asst. U.S. Atty., Albuquerque, N.M., on the brief), for plaintiff-appellee.

R. Raymond Twohig, Jr., Asst. Public Defender, Albuquerque, N.M. (William W. Deaton, Federal Public Defender, Albuquerque, N.M., on the brief), for defendant-appellant.

Before SETH, Chief Judge, HOLLOWAY and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

Kenneth Chapman (Chapman) appeals his jury conviction of murder with premeditation. Chapman, an Indian, was charged in a one count indictment with unlawfully killing one Larry Paquin (Paquin), an Indian, with malice aforethought, premeditation and deliberation, on the Zuni Indian Reservation, in violation of 18 U.S.C.A. §§ 1153 and 1111. The events preceding the killing are generally not in dispute.

During mid June 1978, Paquin...

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