UNITED STATES v. BEAR RIBS

No. 83-1279.

722 F.2d 420 (1983)

UNITED STATES of America, Appellee, v. Alfred BEAR RIBS, Jr., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 9, 1983.


Attorney(s) appearing for the Case

Philip N. Hogen, U.S. Atty., Raymond P. Murley, Asst. U.S. Atty., Sioux Falls, S.D., for appellee.

Harvey A. Oliver, Jr., Bantz, Gosch, Cremer & Peterson, Aberdeen, S.D., for appellant.

Before ROSS, McMILLIAN and BOWMAN, Circuit Judges.


BOWMAN, Circuit Judge.

A jury acquitted Alfred Bear Ribs, Jr. of first degree burglary in violation of 18 U.S.C. § 1153 and S.D. Codified Laws Ann. § 22-32-1 and of rape in violation of 18 U.S.C. § 1153 and § 2031. It found him guilty of the lesser included offense of assault with intent to commit rape in violation of 18 U.S.C. § 113(a). Bear Ribs was sentenced to prison for two years. On appeal, he argues that the district court erred in...

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