United States v. Edward Henry

This is an appeal from a conviction for rape by an Indian within Indian country, 18 U.S.C. §§ 1153 and 2031.

Appellant claims the trial court erred:

a) in allowing the defense to call but two of four requested character witnesses;

b) in refusing to give a cautionary instruction on rape.

Appellant also claims the evidence was insufficient. We affirm.

FACTS

On the afternoon of November 23, 1976, Joan Bodart left Fremont, California, in her car to visit a friend in Mountain Home, Idaho. Shortly after midnight she found herself in Mountain City, Nevada, (about 100 miles from her destination) with little more than one quarter of a tank of gas. Concerned that this would not be enough fuel, she stopped at a tavern to inquire about the remaining journey. There she met appellant, who told her he was headed in the same direction and offered to follow her in his truck.

Bodart agreed, and the two departed in their vehicles. A few miles down the road, however, Bodart lost control of her car and went hito a spin, forcing appellant’s vehicle off the road and into a ditch. Thereupon, appellant joined Bodart in her car. The two persons headed towards Owyhee, Nevada, to find a tow truck. On…