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UNITED STATES v. LeMAY

Crim. No. 9803.

330 F.Supp. 628 (1971)

UNITED STATES of America, Plaintiff, v. Delphine Florence LeMAY, Defendant.

United States District Court, D. Montana, Havre-Glasgow Division.

August 20, 1971.

Attorney(s) appearing for the Case

Otis L. Packwood, U. S. Atty., Keith L. Burrowes, Asst. U. S. Atty., Billings, Mont., for plaintiff.

Charles F. Moses, Sandall, Moses & Cavan, Billings, Mont., for defendant.

ORDER

BATTIN, District Judge.

Defendant moves the court to dismiss the indictment against her on the ground that the indictment will place her in double jeopardy, contrary to the Fifth Amendment to the United States Constitution. To properly consider this motion, an examination of the relevant facts is essential.

An indictment charging defendant, an Indian, with the murder of one Matthew E. Black Dog, Jr., an Indian, was filed on December 3, 1970...

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