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STATE v. PLENTY HORSE

No. 10765.

184 N.W.2d 654 (1971)

STATE of South Dakota, Plaintiff and Respondent, v. Adolph PLENTY HORSE, Defendant and Appellant.

Supreme Court of South Dakota.

March 3, 1971.

Attorney(s) appearing for the Case

William J. Janklow, Rosebud, for defendant and appellant; William J. Srstka, Jr., William J. Brauer, Rosebud, on the brief.

Gordon Mydland, Atty. Gen., Thomas R. Vickerman, Asst. Atty. Gen., Pierre, Eugene Jones, State's Atty., White River, for plaintiff and respondent.

HANSON, Judge.

Adolph Plenty Horse, a member of the Rosebud Sioux Tribe of American Indians, was charged with the crime of forgery in the third degree. He was tried and found guilty by a jury in the Circuit Court of Mellette County. On appeal, he contends the jury panel should have been quashed because of the systematic exclusion of members of his race from the jury list.

Plenty Horse timely moved to quash the jury panel before commencement of his trial. Although...

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