United States v. Benny Marion Rider

The government appeals from an order of the District Court granting a motion by Benny Marion Rider under 28 U.S. C.A. § 2255 to vacate a judgment under which he was sentenced to fifteen years imprisonment for the crime of rape. The question presented on this appeal is whether the information under which Rider was tried and convicted failed to vest jurisdiction in the trial court because it did not state any offense against the laws of the United States. 1

The charging part of the information, so far as material, reads as follows;

The section of the penal code under which he was charged, 18 U.S.C.A. § 1153 , in pertinent part provides:

The Montana statute (R.C.M.1947, § 94-4101) defines rape as “ * * * an act of sexual intercourse, accomplished with a female, not the wife of the perpetrator, under any of the following circumstances * * * ”; in separate subdivisions following, six “circumstances” are then set out in the statute, one being, “1. When the female is under the age of eighteen years.” None of the other subdivisions treat as material the age of the female. 2

The act charged in the information against Rider did not constitute the common law crime of rape; force and the…

(dissenting).

On January 11,1954, there was filed in the United States District Court for the District of Montana an information 1 charging: “That on or about the 20th *480 day of December, 1953, at a place about three (3) miles east of the Fort Belknap Indian Agency Office, on and within the exterior boundaries of the Fort Belknap Indian Reservation, being in Indian Country within the State and District of Montana, [appellee] and Benny Bakon, Indian persons, committed the offense of rape by accomplishing an act of sexual intercourse upon the person of Savannaha First Chief, a female Indian of the age of 13 years and not being the wife of either [appellee] or Benny Bakon.”

The information was based on § 1153, 18 U.S.C.A. 2 and § 94-4101, Revised Codes of Montana, 1947. 3

Appellee was arraigned, pleaded not guilty, 4 had a jury trial resulting in a mistrial and a second jury trial resulting in a verdict finding him guilty as charged in the information. Thereupon, on March 4, 1954, a judgment of conviction was entered, sentencing appellee to be imprisoned for 15 years. From that judgment no appeal was taken.

On May 4, 1959, appellee, while a prisoner in custody under the…

282 F.2d 476 UNITED STATES of America, Appellant, v. Benny Marion RIDER, Appellee. No. 16559. United States Court of Appeals Ninth Circuit. Sept. 16, 1960. Krest Cyr, U.S. Atty., Jack H. Bookey, Asst. U.S. Atty., Butte, Mont., for appellant. Harry L. Burns, Bernard W. Thomas, Chinook, Mont., for appellee. Before MATHEWS, JERTBERG and KOELSCH, Circuit Judges. KOELSCH, Circuit Judge. 1 The government appeals from an order of the District Court granting a motion by Benny Marion Rider under 28 U.S.C.A. 2255 to vacate a judgment under which he was sentenced to fifteen years imprisonment for the crime of rape. The questioned presented on this appeal is whether the information under which Rider was tried and convicted failed to vest jurisdiction in the trial court because it did not state any offense against the laws of the United States. 1 2 The charging part of the information, so far as material, reads as follows: 3 'That * * * within the exterior boundaries of the Fort Belknap Indian Reservation, being in Indian Country within the State and District of Montana, the above-named defendants, Benny Marion Rider and Benny Bakon, Indian persons, committed the offense of rape by…