United States v. Moses Pino

HOLLOWAY, Circuit Judge.

Defendant-appellant Moses Pino, an Indian of the Zia Pueblo in New Mexico, was convicted on a jury verdict of a charge of violation of 18 U.S.C. Secs. 1153 and 1112. The indictment charged that defendant, an Indian, in Indian country “did, while driving a motor vehicle in an unlawful manner without due caution and circumspection, unlawfully kill Leslie W. Malcomb.”

Defendant appeals his conviction and sentence, 1 claiming error in the trial court’s refusing to give a lesser-included-offense instruction and in rejecting certain psychiatric testimony offered by him. The…