United States v. John Louis Iron Shell, Jr.

STEPHENSON, Circuit Judge.

Defendant, John Louis Iron Shell, appeals from a jury conviction1 of assault with intent to commit rape in violation of the Major Crimes Act, 18 U.S.C. § 1153 (1970). Iron Shell raises ten issues on appeal. The five primary questions are two evidentiary rulings concerning hearsay, the defendant’s allegation that the district court should have instructed the jury on a lesser included offense, an attack on the jurisdictional scheme contained in the Major Crimes Act as a violation of equal protection because it prevents the use of instruction of a lesser included…