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STATE v. BARNES

No. 10215.

137 N.W.2d 683 (1965)

STATE of South Dakota, Plaintiff and Appellant, v. Robert BARNES, Defendant and Respondent.

Supreme Court of South Dakota.

November 3, 1965.

Attorney(s) appearing for the Case

Frank L. Farrar, Atty. Gen., Walter W. Andre, Asst. Atty. Gen., Pierre, Andrew Aberle, State's Atty., Dewey County, for plaintiff and appellant.

Ramon A. Roubideaux, Ft. Pierre, South Dakota, for defendant and respondent.

HOMEYER, Judge.

Defendant-respondent, Robert Barnes, a non-Indian, was charged with the murder of Jerald A. Longbrake, a Cheyenne River Sioux Indian, by an information filed in the Circuit Court of Dewey County, South Dakota. His motion to dismiss for lack of jurisdiction was granted and the state appeals.

The alleged crime occurred on a county road between the NE¼-33 and the NW¼-34-13-22, E.B.H.M. in Dewey County, South Dakota. The parties stipulated...

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