United States v. Darrel Dwayne Youpee

Good Law
419 F.2d 1340·1969 U.S. App. LEXIS 9668
United States Court of Appeals for the Ninth CircuitDecember 17, 196924722_1California2,528 words

Opinion

Opinion

Levin, J.

This case arose from charges filed against two men and two minors, including the Appellant Youpee, all Indians, for the alleged beating of one Benjamin Fast Horse, also an Indian. Youpee was seventeen years old at the time of his trial. A severance was granted, and Youpee and the other minor, Carson Walking Eagle, elected to be treated under the Federal Juvenile Delinquency Act. Single counsel was appointed to represent both the minor defendants, and it was upon his recommendation that the defendants agreed to be treated under the Juvenile Delinquency Act rather than as adult offenders.

The charges against all the defendants stemmed from occurrences at the home of Fast Horse on the night of March 26, 1969. It is not clear whether the defendants walked or broke into Fast Horse’s home, but it is undisputed that Fast Horse was beaten about the face and body, including blows struck with a chain or other blunt object.

At the hearing on April 15, 1969, Youpee and Walking Eagle each pleaded guilty after having the charge read to them and being questioned by the judge regarding their knowledge of their acts and the possible consequences of their pleas. The judge thereupon committed…

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