Whether respondents—Indians charged with felony assault in Indian country under the Major Crimes Act in violation of 18 U.S.C. 113(a)(6) and (8) and 1153(a)—were entitled both to a jury instruction on a lesser included offense not listed in the Major Crimes Act and complete acquittal if the jury found them guilty of that lesser offense.

Whether Indian defendants charged with felony assault in Indian country under the Major Crimes Act are entitled to jury instructions on lesser included offenses not enumerated in the statute and to complete acquittal if the jury finds guilt only of such lesser offense