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COOK v. STATE

No. 11326.

215 N.W.2d 832 (1974)

Donald M. COOK, Petitioner and Appellant, v. STATE of South Dakota, Respondent.

Supreme Court of South Dakota.

March 15, 1974.

Attorney(s) appearing for the Case

Terry L. Pechota, Mark V. Meierhenry, Rosebud, for petitioner and appellant.

Kermit A. Sande, Atty. Gen., Walter W. Andre, Asst. Atty. Gen., Pierre, Larry Long, States Atty., Bennett County, Martin, for respondent.

DUNN, Justice.

This is an appeal from a judgment of the Tenth Judicial Circuit which denied petitioner relief from a state sentence where it was contended that the State of South Dakota lacked criminal jurisdiction in Martin, Bennett County, South Dakota. Appellant is an enrolled 3/8 Concow and Redwood Indian, which is a tribe of Indians recognized by the Bureau of Indian Affairs. On May 1, 1971, he was arrested for the crime of third degree burglary on a deeded lot...

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