Phelps

The appellant, a member of the Crow Indian-Tribe residing on the Crow Indian Reservation, in the State of Montana, was convicted of stealing 271 ewe sheep on the reservation, in violation of the provisions of 18 U.S.C.A. § 548 . From the judgment of conviction, he brings this appeal.

Five specifications of error are urged in the appellant’s brief. We shall consider each seriatim.

1. _ “The district court erred when it held that the grand jury’s return of true bill without considering any competent evidence of jurisdictional elements of alleged offense was not in violation of appellant’s Constitutional guarantees.”

The objection specifically is that the grand jury “did not consider any competent evidence of jurisdictional elements of the alleged offense, namely: (1) That the defendant is an Indian person and (2) that the offense was committed on or without the jurisdiction of the United States Government * * *

*627 The grand jury docket, part of the record herein, shows that three witnesses testified before the grand jury — Vincent D. Garvey, special agent of the Federal Bureau of Investigation; Myron Lynde, a member of the partnership tvhose sheep were alleged to have been…