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DeMARRIAS v. STATE OF SOUTH DAKOTA

No. 17200.

319 F.2d 845 (1963)

LaVern DeMARRIAS, Appellant, v. STATE OF SOUTH DAKOTA, Appellee.

United States Court of Appeals Eighth Circuit.

July 22, 1963.

Attorney(s) appearing for the Case

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

Frank L. Farrar, Atty. Gen., Pierre, S. D., for appellee; Walter Weygint, Asst. Atty. Gen., Pierre, S. D., with him on the brief, together with Harold C. Doyle, U. S. Atty., Sioux Falls, S. D., and Parnell J. Donohue, Asst. U. S. Atty., Sioux Falls, S. D., amicus curiae.

Before VOGEL, VAN OOSTERHOUT and RIDGE, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

This is an appeal by LaVern DeMarrias from final order of the district court denying him a writ of habeas corpus. Appellant was prosecuted and convicted in the courts of South Dakota on a charge of burglary committed within that state. His conviction was affirmed. State of South Dakota v. DeMarrias, S.D., 107 N.W.2d 255. Certiorari was denied. 368 U.S. 844, 82 S.Ct. 72, 7 L.Ed.2d 42. The sole issue...

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