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STATE v. HOLTHUSEN

No. 38,348.

261 Minn. 536 (1962)

113 N.W. (2d) 180

STATE v. REINHARD C. HOLTHUSEN.

Supreme Court of Minnesota.

January 26, 1962.

Attorney(s) appearing for the Case

Walter F. Mondale, Attorney General, Henry H. Feikema, Special Assistant Attorney General, and Herbert E. Olson, County Attorney, for plaintiff.

Whitney E. Tarutis, for defendant.

THOMAS GALLAGHER, JUSTICE.

On December 14, 1960, the grand jury of Beltrami County returned an indictment for murder in the second degree against defendant, Reinhard C. Holthusen, a non-Indian resident within the boundaries of Red Lake Indian Reservation in Beltrami County, for the death of Palmer Anderson, a non-Indian killed within the reservation.

Defendant demurred to the indictment on the ground that, although Red Lake Indian Reservation is within the...

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