United States v. Betty Jean Heath

Defendant-appellant, Betty Jean Heath, appeals from a conviction for voluntary manslaughter following a non-jury trial.

Proceedings in District Court

On August 3, 1973 appellant was charged by indictment as follows:

During the trial on November 8, 1973 it was stipulated that the “defendant is an Indian and that the acts that are alleged in the indictment did occur within Indian country on the Warm Springs Reservation”. Appellant was found guilty of the lesser included offense of voluntary manslaughter and on January 21, 1974 was sentenced to six years imprisonment pursuant to 18 U.S.C. § 4208 (a)(2).

On January 25, 1974 defendant filed a notice of appeal. On June 10, 1974 she filed a motion for a new trial and on June 11 a motion for arrest of judgment. Both motions were denied by written order on August 15, 1974 on the ground that the district court no longer had jurisdiction.

Appellant’s motions were based on the grounds that (1) the court lacked jurisdiction by reason of the fact that appellant was a “terminated Klamath Indian” and no longer an Indian within the meaning of 18 U.S.C. §§ 1152 and 1153; (2) the indictment was insufficient to confer jurisdiction under…