George Richard Walks on Top v. United States

Walks On Top and Donald George are Indians with separate homes on the Coeur d’Alene Indian Reservation in Idaho.

Walks On Top has been convicted on a charge that “by means and use of a dangerous weapon [a revolver, he] did forcibly assault, resist, oppose, impede and interfere with Donald George, Chief Policeman, Bureau of Indian Affairs, an officer and employee of the Indian field service of the United States, while the said Donald George was engaged in the performance of his official duties.”

There is little doubt that Walks On Top shot Officer George in the back with a revolver, leaving him partially disabled for life. But we deal here with whether a federal crime was committed, with whether evidence was improperly received concerning events of the 12 to 15 hours preceding the shooting of George, and with whether the jury was properly instructed. Appellant’s appointed counsel has represented the defendant-appellant very skillfully on trial and on appeal, but we affirm.

We begin our narration of the events in the middle of the story.

George was an Indian officer whose employer was the United States through the Bureau of Indian Affairs. He had been joined on the reservation…