Joseph L. Smayda and Wendell H. Gunther v. United States

DUNIWAY, Circuit Judge.

Smayda and Gunther were convicted of violating the “Assimilative Crimes” Act, 18 U.S.C. § 13.1 The offense was committed within Yosemite National Park, concededly a place of the type referred *252to in the section and in 18 U.S.C. § 7. The crime, oral copulation, is made punishable by the California Penal Code, Section 288a. Both defendants appeal. Their attack upon the judgment is based entirely upon their claim that all of the evidence against them was obtained in violation of their rights as defined in the Fourth Amendment to the Constitution:

“The right of the people to…