United States v. Anthony Elk

A federal grand jury on November 17,1976, charged Anthony Elk with assaulting a federal officer in violation of 18 U.S.C. §§ 111 and 1114. At the time of the alleged offense, Anthony Elk, an Indian, resided on the Fort Berthold Indian Reservation in North Dakota. In October of 1976, the local tribal court tried and convicted him of resisting lawful arrest in violation of the penal code of the Three Affiliated Tribes. Because the federal assault charge is similar to and arises from the same incident as the charge for which he previously had been convicted in tribal court, Anthony Elk moved to…