United States v. Peter H. Joe

DAUGHERTY, District Judge.

’ The Defendant-Appellant Joe was convicted of rape within the Indian country in violation of 18 U.S.C. § 1153. 1 Both the Defendant and the victim were Indians.

At the trial the Defendant tendered requested jury instructions which pro vided that the Defendant could be convicted of “simple assault,” “battery” or “attempted rape” as lesser included offenses of the crime of rape, asserting in support of the tender that there was evidence in the case that the Defendant due to intoxication did not effect penetration of the victim and might therefore be guilty of only one…