Legal Opinion
United States v. Smith John and Harry Smith John
Court of Appeals for the Fifth Circuit
Decided January 10, 1979No. 76-1518PublishedCited by 24 opinions
1Opinion of the Court
COLEMAN, Circuit Judge.
In October 1975, Smith John, 1 a Choctaw Indian, was indicted by a federal grand jury for assault with intent to kill Artis Jenkins, a non-Indian, in violation of 18 U.S.C. §§ 1153 and 113(a). 2 At the conclusion of the trial, Smith John requested and received instructions on the lesser included offense of simple assault, as he was entitled under Keeble v. United States, 412 U.S. 205, 93 S.Ct. 1993, 36 L.Ed.2d 844 (1973). The jury convicted him of simple assault, and the Court sentenced him to 90 days’ imprisonment and a $300 fine. On appeal, we reversed, holding that…
2Cases cited16 opinions
- United States v. WheelerSupreme Court of the United States · 1978
- Keeble v. United StatesSupreme Court of the United States · 1973
- Oliphant v. Suquamish Indian TribeSupreme Court of the United States · 1978
- United States v. AntelopeSupreme Court of the United States · 1977
- United States v. McBratneySupreme Court of the United States · 1882
11 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- United States v. CaporaleCourt of Appeals for the Eleventh Circuit · 1986
- United States v. Larry Burdette JohnsonCourt of Appeals for the Ninth Circuit · 1980
- Muscogee (Creek) Nation, a Federally Recognized Indian Tribe v. Donald Hodel, Secretary, U.S. Department of InteriorCourt of Appeals for the D.C. Circuit · 1988
- United States v. Violet BruceCourt of Appeals for the Ninth Circuit · 2005
- United States v. DabbsCourt of Appeals for the Eleventh Circuit · 1998
19 more not listed; retrieve them via the Exa API.