IN RE HIGH PINE'S PETITION

No. 9708.

99 N.W.2d 38 (1959)

In the Matter of the Petition of Matthew HIGH PINE and Paul Woman Dress for a Writ of Habeas Corpus.

Supreme Court of South Dakota.

November 2, 1959.


Attorney(s) appearing for the Case

Parnell J. Donohue, Atty. Gen., Wallace G. Dunker, Marshall M. Gerken, Asst. Attys. Gen., John C. Farrar, Rapid City, of counsel, for appellant.

Hanley, Costello & Porter, Rapid City, Richard Schifter, Washington, D. C., of counsel, for respondent.


SMITH, Judge.

A justice of the peace of Shannon County convicted the above named defendant Woman Dress of a charge of public intoxication, committed in said county "on a public highway" and imposed a ten-day jail sentence. In this proceeding in habeas corpus Woman Dress questioned the jurisdiction of the justice of the peace. At the hearing it was stipulated that Woman Dress is a member of the Oglala Sioux Tribe, and that the offense was committed on a north and south...

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