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McKAY v. UNITED STATES

Crim. No. 8985.

274 F.Supp. 1022 (1967)

Ernest Philip McKAY, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court D. North Dakota, Northeastern Division.

November 3, 1967.

Attorney(s) appearing for the Case

Ernest Philip McKay, pro se.

John O. Garaas, U. S. Atty., Fargo, N. D., for respondent.

MEMORANDUM AND ORDER

RONALD N. DAVIES, District Judge.

On September 18, 1962, Ernest Philip McKay entered a plea of guilty to each count of a three-count indictment charging him with violation of § 1153, 18 U.S. C. In count one, petitioner, an Indian, was charged as a principal in the forcible rape of a female Indian not his wife. In counts two and three he was charged as an aider and abettor in the forcible rape of the same woman by two other male...

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