HENLEY, Circuit Judge.
Appellant Albert William Mesteth, a twenty-two year old Indian, was convicted by a jury in the District of South Dakota for assault with intent to do bodily harm in violation of 18 U.S.C. § 1153 and S.D.C.L. (1967) § 22-18-11. The incident giving rise to the conviction was the stabbing of appellant's girl friend, Mona Montgomery, at a residence near Batesland, South Dakota, on the Pine
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