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UNITED STATES v. FRAZIER

No. 71-1520.

458 F.2d 911 (1972)

UNITED STATES of America, Appellee, v. Ernest Leonard FRAZIER, a/k/a "Dutch" Frazier, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 17, 1972.

Attorney(s) appearing for the Case

A. P. Fuller, Kellar, Kellar & Driscoll, Lead, S. D., for appellant.

Richard D. Hurd, Asst. U. S. Atty., William F. Clayton, U. S. Atty., Sioux Falls, S. D., for appellee.

Before MATTHES, Chief Judge, and LAY and ROSS, Circuit Judges.

LAY, Circuit Judge.

This is an appeal from convictions involving willful assault on three counts in violation of South Dakota criminal statutes, SDCL §§ 22-18-11 and 12 (1967). Defendant is an Indian and the offenses occurred within the boundaries of the Cheyenne River Indian Reservation. Jurisdiction of the United States District Court is vested under 18 U.S.C. § 1153. The convictions are attacked on the alleged bases (1) that the government failed...

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