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U.S. v. FRANK

Crim. No. 89-221-FR.

736 F.Supp. 1046 (1990)

UNITED STATES of America, Plaintiff, v. Charles FRANK and Moses Tootick, Defendants.

United States District Court, D. Oregon.

January 11, 1990.

Attorney(s) appearing for the Case

Charles H. Turner, U.S. Atty., and William M. Youngman, Asst. U.S. Atty., Portland, Or., for plaintiff.

Steven T. Wax, Federal Defender, and Stephen Sady, Asst. Federal Defender, Portland, Or., for defendants.

OPINION

FRYE, District Judge:

The court finds that it is necessary to further consider defendant Charles Frank's motion to dismiss the indictment. Frank urges the court dismiss the indictment on the grounds that the element of mens rea is not adequately charged.

The indictment charges:

That on or about September 2, 1989, at the Warm Springs Indian Reservation, within the Indian Country, in the District of Oregon and within the Special...

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