Wilson Gray, Wesley Gray, James L. Frank, and Tully Tsosie v. United States

VON DER HEYDT, District Judge.

Now, therefore, the said opinion dated September 15, 1967, in the above entitled cause, is hereby withdrawn; and a new opinion is ordered to be filed, as follows:

On August 24, 1965, the appellants, all Indians, were indicted by the Grand Jury of the United States District Court of Arizona for violation of Title 18, U.S.Code, Section 1153, the crime of Rape on an Indian Reservation. All appellants entered pleas of “Not Guilty” and the cause was tried to a jury at Prescott, Arizona, in June of 1966. The jury found all appellants guilty, and sentence was imposed…