United States v. Daniel John Celestine

Daniel Celestine, an Indian, has appealed from his conviction on one count of second degree murder within the Yakima Indian Reservation in violation of Title 18, U.S.C. § 1153 . Following his jüry trial, appellant’s motions for judgment of Acquittal, Arrest of Judgment, or for a New Trial were denied by the trial court and the appellant, then eighteen years of age, was sentenced under the Federal Youth Correction Act ( 18 U.S.C. § 5005 et seq.) to imprisonment of not more than ten years.

The record shows that Rita Sweowaht, a 20 year old Indian girl, was with the appellant in the early morning of July 5, 1973. The two were heard arguing and approximately an hour later the appellant was seen with blood on his shirt, shoes and hands. Eleven days later, the girl was found dead in an Indian sweat house (a partially underground structure in which the Indians took sauna baths).

In a signed statement, Celestine admitted he was with the deceased on July 5 at a party; that he was intoxicated at the time; that he followed Miss Sweowaht when she left the party and that when she resisted his sexual advances, he beat her with his fists. The appellant stated that the next thing he…