Charles Mull v. United States

The indictment in this case reads as follows:

Mull was found guilty by a jury and sentenced to five years. The evidence shows that he attacked Juana Brooks with a razor knife and cut her severely. It was stipulated that the act charged occurred within the boundaries of the San Carlos Apache Indian Reservation, in the District of Arizona, and that Charles Mull is an enrolled member of the San Carlos Apache Tribe of Indians. We consider appellant’s contentions seriatim.

1. Constitutionality of 18 U.S.C. § 1153.

At the time of the offense, the pertinent statutes were these:

(1) 18 U.S.C. § 1153 (1964):

(The 1968 amendment, 80 Stat. 1100 , is not applicable to this case.)

(2) 18 U.S.C. § 1152 (1964):

(3) 18 U.S.C. § 3242 (1964) :

(The 1968 amendment, 80 Stat. 1101 , is not applicable to this case.)

(4) 18 U.S.C. § 113 (1964) :

These statutes (except section 113, which is of broader application) are the product of a long history of attempts by Congress to deal with crimes in the “Indian Country,” and they are to be considered together. Section 113 defines the offense with which Mull was charged. It would also be applicable if a non-Indian were similarly charged under section…