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APPLICATION OF DE MARRIAS

No. 9700.

91 N.W.2d 480 (1958)

Application of LaVern DE MARRIAS for a Writ of Habeas Corpus.

Supreme Court of South Dakota.

July 23, 1958.

Attorney(s) appearing for the Case

Davenport, Evans, Hurwitz & Smith, Sioux Falls, for petitioner-appellant.

Phil Saunders, Atty. Gen., George W. Wuest, Asst. Atty. Gen., for respondent.

HANSON, Judge.

In this habeas corpus proceeding petitioner, LaVern DeMarrias, appeals from an order of the Circuit Court of Minnehaha County denying his release from the state penitentiary.

DeMarrias is an Indian. On April 25, 1957 he was sentenced by the Circuit Court of Roberts County to serve a term of two years in the state penitentiary for the crime of burglary. The burglary was committed on non-Indian patented land within the City of Sisseton, in Roberts...

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