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UNITED STATES v. YAZZIE

No. 80-1429.

660 F.2d 422 (1981)

The UNITED STATES of America, Plaintiff-Appellee, v. Terry YAZZIE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided September 18, 1981.

Certiorari Denied January 25, 1982.

Attorney(s) appearing for the Case

R. Raymond Twohig, Jr., Asst. Federal Public Defender for the District of New Mexico, Albuquerque, N. M., for defendant-appellant.

Stanley Kotovsky, Jr., Asst. U. S. Atty. for the District of New Mexico, Albuquerque, N. M. (R. E. Thompson, U. S. Atty. for the District of New Mexico, Albuquerque, N. M. with him on the brief), for plaintiff-appellee.

Before BARRETT and SEYMOUR, Circuit Judges, and BROWN, Senior District Judge.

Certiorari Denied January 25, 1982. See 102 S.Ct. 1282.

WESLEY E. BROWN, Senior District Judge.

This is a criminal appeal arising out of appellant Yazzie's conviction by a jury of voluntary manslaughter in the stabbing death of David James, in violation of 18 U.S.C.A. § 1153 and 1112(a). Both Yazzie and James were Indians, and the crime occurred within the Navajo Indian Reservation. Though appellant was indicted by the grand jury on the charge of second...

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