STATE v. ERICKSON

No. 10251.

141 N.W.2d 1 (1966)

STATE of South Dakota ex rel. Alvin Louis SWIFT, a/k/a Alvin Louis Swift Hawk, Petitioner and Appellant, v. Donald R. ERICKSON, Warden of South Dakota State Penitentiary, Respondent and Appellee.

Supreme Court of South Dakota.

March 21, 1966.


Attorney(s) appearing for the Case

Marvin D. Keller, of Boyce, Murphy & McDowell, Sioux Falls, for petitioner and appellant.

Frank L. Farrar, Atty. Gen., Walter W. Andre, Asst. Atty. Gen., Pierre, for respondent and appellee.


BIEGELMEIER, Judge.

Petitioner, a 13/16 Sioux Indian and a nonenrolled member of the Oglala Sioux Tribe, pled guilty to charges of robbery in the first degree and assault with a dangerous weapon in Bennett County, South Dakota. Having been sentenced thereon to serve two concurrent terms of five years each in the State Penitentiary he made application for a writ of habeas corpus. After a hearing thereon at which petitioner and appointed counsel appeared, the circuit...

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