United States v. Richard Grant

TALBOT SMITH, Senior District Judge.

The case before us presents as the principal issue the retroactivity of a new rule of criminal procedure relating to lesser-included offenses.

The background of facts is relatively simple. The defendant, an Indian, subsequent to a drinking fracas in which he allegedly stabbed several persons, was brought to trial under an indictment charging violation of 18 U.S.C. § 1153, specifically, that he did maliciously stab [or] cut named victims with intent to kill, wound, or maim. 1

At the conclusion of the trial defendant requested the following instruction,…