United States v. Woodrow Louis Kipp

Kipp, an Indian, was convicted by a jury for having assaulted one Smith with a dangerous weapon. The offense stemmed from a “barroom brawl” on the Blackfeet Indian Reservation. Kipp appeals on the sole ground that the evidence was insufficient to support the jury’s verdict.

The conviction must be affirmed if reasonable and prudent persons could have concluded that the evidence, taken in the light most favorable to the Government, Glasser v. United States, 315 U.S. 60, 80 , 62 S.Ct. 457, 469 , 86 L.Ed. 680 (1942); United States v. Hughes, 626 F.2d 619 (9th Cir. 1980); United States v. Ponticelli, 622 F.2d 985 , (9th Cir. 1980); United States v. Basey, 613 F.2d 198, 201 (9th Cir. 1979), cert. denied, - U.S. -, 100 S.Ct. 1854 , 64 L.Ed.2d 274 (1980), warranted a finding of guilt beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 316-321 , 99 S.Ct. 2781, 2788-2791 , 61 L.Ed.2d 560 (1979); United States v. Abraham, 617 F.2d 187, 190 (9th Cir. 1980); United States v. Gardner, 611 F.2d 770, 775 (9th Cir. 1980); United States v. Herrera-Medina, 609 F.2d 376, 380 (9th Cir. 1979); United States v. Friedman, 593 F.2d 109, 114-15 (9th Cir. 1979). The “clearly erroneous” standard…