Clarence James Lopez v. United States

Appellant, an Indian of the age of sixteen years at the time here involved, was charged with violation of Title 18 Section 1153, in that on or about May 4, 1967, he did kill one Xavier Rios, a Pa-pago Indian, by forcibly and maliciously striking and killing him. The decedent was defendant’s grandfather. Upon be ing advised by the court of his right to prosecution by indictment and trial by jury, defendant waived those rights and consented to being tried by the court by information charging delinquency pursuant to the provisions of Title 18 Sections 5081-5033. The defendant was thereafter tried by the court, without jury, found guilty of having violated a law of the United States, and committed to custody during the period of his minority in accordance with the provisions of the juvenile delinquency statutes of the United States. The appellant filed this appeal from the judgment of the district court.

The sole ground for the appeal is the alleged error of the district court in admitting in evidence, over the objection of the defendant, a statement made by him at the time of his being interrogated by FBI agents concerning the death of his grandfather.

The facts developed at the…