DE MARRIAS v. STATE OF SOUTH DAKOTA

Civ. No. 922 N.D.

206 F.Supp. 549 (1962)

LaVern DE MARRIAS, Petitioner, v. STATE OF SOUTH DAKOTA, Respondent.

United States District Court D. South Dakota, N. D.

July 27, 1962.


Attorney(s) appearing for the Case

L. R. Gustafson, Britton, S. D., for petitioner.

A. C. Miller, Atty. Gen. of S. D., Harold C. Doyle, U. S. Atty., Sioux Falls, S. D., and Frank Farrar, State's Atty., Britton, S. D., for respondent.


BECK, District Judge.

The petitioner's writ of habeas corpus, poses the question, whether the Circuit Court for the Fifth Judicial Circuit of South Dakota had jurisdiction to charge, try, convict and to sentence him for third degree burglary, SDC 13.3703 as amended, he at the time being an enrollee of the Sisseton-Wahpeton Sioux Indian Tribe, the crime having been committed on non-Indian patented land, within the original exterior boundaries of the Lake Traverse Reservation...

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