United States v. Donald James Demarrias

VAN OOSTERHOUT, Circuit Judge.

This is a timely appeal by defendant DeMarrias .from his conviction on a plea of nolo contendere to the crime of involuntary manslaughter committed in Indian country in violation of 18 U.S.C.A. §§ 1153 and 1112.

Defendant filed a motion to dismiss the manslaughter indictment upon the ground that the prosecution of the action constitutes double jeopardy in violation of the Fifth Amendment. The supporting facts, established by affidavit, are undisputed. On June 21, 1970, defendant, as a result of the operation of his automobile in Indian territory, without malice,…