United States v. Eddie Arden Edwards

Edwards appeals from a conviction of rape committed on the San Carlos Apache Indian reservation. 18 U.S.C. §§ 2031 , 1153. We consider his contentions after stating the facts.

Appellant and one Herbert Newman had been drinking heavily during the evening of October 31 and the early morning hours of November 1, 1975. As they were leaving Globe, Arizona on U. S. Highway 70, they picked up a girl who was hitchhiking. Edwards drove on the main road for a few miles and then turned onto a dirt road. The girl became scared and jumped from the moving vehicle as it slowed for a sharp turn. Edwards stopped and ran in pursuit. Newman drove away and Edwards caught the girl and raped her.

The victim was interviewed by law enforcement officers the same day, November 1. She showed them the scene of the crime and gave the officers a description of her assailant.

The police interviewed Herbert Newman on November 2. Newman corroborated the victim’s story up to the point where he drove away while Edwards pursued the fleeing victim. The officers noted Newman was under the influence of alcohol at the time of the interview. They verified this by a breathalizer test, which registered a .25…