United States v. Adelbert Lone Bear and Merceline Cynthia Red Boy

On November 3, 1977, appellant Lone Bear, an Indian, was indicted for the rape of one Angeline Shoots within the boundaries of the Fort Peck Indian Reservation in violation of 18 U.S.C. 1153 and 2031. Appellant Red Boy, another Indian, was also indicted for the rape, as well as aiding and abetting (18 U.S.C. 2). Appellants were tried by jury and convicted. They appealed. We affirm.

Since the facts here are really not at issue, we shall skip the details. Suffice it to say that Angeline Shoots, a female, was forcibly raped against her will by appellant Lone Bear and that Red Boy actively aided and abetted him in the act.

We are presented with three issues:

I. & II. Jury Instructions

Appellants contend that the trial court erred by refusing to give some of their proposed instructions and by not sua sponte instructing the jury on lesser included offenses. Their contention fails for several reasons: First and foremost is the fact that appellants did not object to the instructions which were given, nor did they request any instructions on lesser included offenses.

Rule 30, F.R.Crim.P. provides in pertinent part that:

Recognizing that they have a problem, appellants next suggest…