Legal Opinion
McKay v. United States
District Court, D. North Dakota
Decided November 3, 1967No. Crim. No. 8985Published
1Opinion of the Court
MEMORANDUM AND ORDER
RONALD N. DAVIES, District Judge.
On September 18, 1962, Ernest Philip McKay entered a plea of guilty to each count of a three-count indictment charging him with violation of § 1153, 18 U.S. C. In count one, petitioner, an Indian, was charged as a principal in the forcible rape of a female Indian not his wife. In counts two and three he was charged as an aider and abettor in the forcible rape of the same woman by two other male Indians.
§ 1153 then provided,1 as far as is here pertinent, that:
“ * * * ^ 0ffenSe of rape shall be defined in accordance with the laws of the State…
2Cases cited6 opinions
- Heflin v. United StatesSupreme Court of the United States · 1959
- Scott Stewart Workman v. United StatesCourt of Appeals for the First Circuit · 1964
- In re LeeDistrict Court, E.D. New York · 1964
- Brown v. United StatesDistrict Court, D. Minnesota · 1965
- Robert Walter Roberts v. United StatesCourt of Appeals for the Ninth Circuit · 1966
1 more not listed; retrieve them via the Exa API.