George Richard Walks on Top v. United States

CHAMBERS, Circuit Judge.

Walks On Top and Donald George are Indians with separate homes on the Coeur d’Alene Indian Reservation in Idaho.

Walks On Top has been convicted on a charge that “by means and use of a dangerous weapon [a revolver, he] did forcibly assault, resist, oppose, impede and interfere with Donald George, Chief Policeman, Bureau of Indian Affairs, an officer and employee of the Indian field service of the United States, while the said Donald George was engaged in the performance of his official duties.”

There is little doubt that Walks On Top shot Officer George in the back with…