Rehearing and Rehearing En Banc Denied August 13, 1982.
SCHROEDER, Circuit Judge:
Appellant, an Indian, was charged under the Major Crimes Act of 1885, 18 U.S.C. § 1153, with assault resulting in serious bodily injury to another Indian. He requested and was granted a jury instruction on the lesser included offense of assault by striking, beating, or wounding. The jury convicted him of the lesser included offense, judgment was entered and he was sentenced...
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