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UNITED STATES v. DeMARRIAS

No. 20669.

441 F.2d 1304 (1971)

UNITED STATES of America, Appellee, v. Donald James DeMARRIAS, Appellant.

United States Court of Appeals, Eighth Circuit.

May 4, 1971.

Attorney(s) appearing for the Case

Robert Vogel, Mandan, N. D., for appellant.

Eugene K. Anthony, Asst. U. S. Atty., Harold O. Bullis, U. S. Atty., Fargo, N. D., for appellee.

Before MATTHES, Chief Judge, and VAN OOSTERHOUT and LAY, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

This is a timely appeal by defendant DeMarrias from his conviction on a plea of nolo contendere to the crime of involuntary manslaughter committed in Indian country in violation of 18 U.S.C.A. §§ 1153 and 1112.

Defendant filed a motion to dismiss the manslaughter indictment upon the ground that the prosecution of the action constitutes double jeopardy in violation of the Fifth Amendment. The supporting facts, established...

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