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UNITED STATES v. KEEBLE

No. 71-1529.

459 F.2d 757 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Francis A. KEEBLE, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 11, 1972.

Supplemental Opinion July 28, 1972.

Attorney(s) appearing for the Case

Mark V. Meierhenry, Rosebud, S. D., for defendant-appellant.

Richard D. Hurd, Asst. U. S. Atty., William F. Clayton, U. S. Atty., Sioux Falls, S. D., for plaintiff-appellee.

Before BREITENSTEIN, BRIGHT, and STEPHENSON, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Defendant-appellant Keeble was found guilty by a jury of assault on one Pomani with intent to commit great bodily injury, in violation of 18 U.S.C. § 1153 and S.D.C.L. § 22-18-12. He was sentenced to five years imprisonment. Defendant and Pomani were both Indians. The assault took place on an Indian reservation in South Dakota.

On March 6, 1971, defendant and Pomani had spent...

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