United States v. Tyndall

MEMORANDUM

DENNEY, District Judge.

This matter comes before the Court upon the motion of defendant to dismiss the indictment for failure to charge a federal crime. The defendant is charged by indictment with the following crime:

That on or about July 26, 1975, in the District of Nebraska, on and with in the Omaha Indian Reservation and within the Indian Country, Lawrence E. Tyndall, an Indian, did assault with intent to inflict great bodily injury, Mary Mitchell, an Indian, by means and use of a hammer.

In violation of Title 18, United States Code, Section 1153, and Nebraska Revised Reissue…