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UNITED STATES v. GOMEZ

Crim. No. 22444.

250 F.Supp. 535 (1966)

UNITED STATES of America, Plaintiff, v. Felix GOMEZ and Clarence Romero, Defendants.

United States District Court D. New Mexico.

January 27, 1966.

Attorney(s) appearing for the Case

John Quinn, U. S. Atty., Ruth C. Streeter, Asst. U. S. Atty., Albuquerque, N. M., for plaintiff.

Martin E. Threet, Albuquerque, N. M., for defendants.

BRATTON, District Judge.

The Motion to Dismiss the Information in the above case will be sustained.

The Information is brought under the provisions of Title 18, United States Code, Section 1153, as amended May 24, 1949. It purports to charge the defendants with the crime of burglary as defined according to the laws of the State of New Mexico in Section 40A-16-3 N.M. S.A.1953, as amended. Title 18, U.S.C., Section 1153 provides:

"Any Indian who commits...

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