Toledo Massey and Fernando Burnette v. United States

This is an appeal from the judgment and conviction in the United States District Court for a violation of 18 U.S.C. § 1153 , rape on Indian Reservation. The United States District Court has jurisdiction pursuant to 18 U.S.C. § 3231 , and this Court has jurisdiction under the provisions of 28 U.S.C. § 1291 .

The prosecutrix, Evangeline Gatewood, age 17, and the appellants are members of the White Mountain Apache Indian Tribe and all the acts in question occurred within the boundaries of the Fort Apache Indian Reservation in the District of Arizona.

There are conflicts in the evidence, but in considering this appeal, the Court must accept the evidence which supports the jury verdict and is most favorable to the prosecution’s case. Briefly stated, the facts are as follows:

On Saturday, the 22nd day of October, 1967, Evangeline Gatewood and her grandmother went to the town of White River. They spent the day in town and became separated. Late in the evening, Evangeline went to the Apache Flame Bar to find her grandmother. Being unable to find her, she decided to request Toledo Massey to take her home. She testified that she looked to Toledo to take her home because Toledo’s wife is…