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UNITED STATES v. ERICKSON

No. 72-1529.

478 F.2d 684 (1973)

UNITED STATES of America ex rel. Tilden Louis CONDON, Appellee, v. Don R. ERICKSON, Warden of the South Dakota State Penitentiary, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 25, 1973.

Rehearing and Rehearing Denied May 29, 1973.

Attorney(s) appearing for the Case

Thomas R. Vickerman, Asst. Atty. Gen., Pierre, S. D., and Andrew Aberle, Timber Lake, S. D., for appellant.

Richard A. Smith, Rosebud, S. D., for amicus.

John Simko, Sioux Falls, S. D., for appellee.

Before LAY, HEANEY and STEPHENSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 29, 1973.

STEPHENSON, Circuit Judge.

This appeal presents the question of whether Eagle Butte, South Dakota is located within the boundaries of the Cheyenne River Indian Reservation. If it is, then South Dakota had no jurisdiction to charge and convict appellee Condon, an enrolled member of the Cheyenne Indian Tribe, for the rape of a 70 year old librarian at Eagle Butte...

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