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STATE v. DE MARRIAS

No. 9867-a.

107 N.W.2d 255 (1961)

STATE of South Dakota, Plaintiff and Respondent, v. LaVern DE MARRIAS, Defendant and Appellant.

Supreme Court of South Dakota.

January 17, 1961.

Attorney(s) appearing for the Case

L. R. Gustafson, Britton, for defendant and appellant.

Frank L. Farrar, State's Atty. for Marshall County, Britton, Parnell J. Donohue, Atty. Gen., Charles Poches, Jr., Asst. Atty. Gen., for plaintiff and respondent.

BIEGELMEIER, Judge.

Defendant LaVern DeMarrias, an enrolled Indian, was convicted of the crime of burglary, committed September 7, 1959 on non-Indian patented land within the original exterior boundaries of the Sisseton-Wahpeton (Lake Traverse) Indian Reservation. This is the same reservation, the same treaty, the same defendant and another crime of the same character, i. e., burglary, as were involved in Application of DeMarrias, 77 S.D. 294, 91...

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