Wallace P. Felicia v. United States

ROSS, Circuit Judge.

This case presents the question of whether the United States District Court has jurisdiction to sentence an Indian defendant on his conviction of a lesser included offense under an indictment charging a violation of the Major Crimes Act, 18 U.S.C. § 1153. The trial court held that it had jurisdiction. We affirm.

Wallace P. Felicia was indicted for assault with intent to inflict great bodily injury upon Emery W. Loudner, Jr., also an Indian, on the Crow Creek Indian Reservation. At the conclusion of the presentation of the evidence at the trial, the defendant requested an…